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(영문) 춘천지방법원 2017.10.26 2017고단693
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant reported 119, while driving the Defendant’s vehicle at the front of the Chuncheon City D in front of the road boundary seat, while driving the Defendant’s vehicle at the front of the road. On June 30, 2017, the Defendant: (a) reported 119 vehicle at the 119 situation room, which suspected of driving drinking; (b) reported 112 vehicle at the 119 situation room, and was urged to return home from E of the Chuncheon Police Station that called to the site under the knowledge of the fact of driving drinking; and (c) received a recommendation to return home from the Party E

The portion of the indictment that “the Defendant attempted to go on the rolling stock” in front of the 112 patrol vehicle size is also written in the form of an act. However, according to the video of the black stuff video video and video CD in which the situation was taken, only the Defendant was taken to stop the patrol vehicle, and the manner in which the Defendant tried to go on the rolling stock is not taken. In light of the above, the Defendant attempted to go on the boom of the patrol vehicle at the time.

Since it is deemed that there is a lack of sufficient evidence, this part is deleted.

The background of preventing this was assaulted by E's chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Act and subordinate statutes to the victim's photograph, the 112 Report Processing List, the black and video video CDs recording;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the following circumstances in sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following conditions in sentencing: the Defendant’s age, sex, occupation, health, and circumstances before and after the commission of the crime.

When drinking is discovered, a crime that interferes with the performance of official duties by a police officer who has interested, is bad in the quality of the crime.

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