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(영문) 춘천지방법원 2017.07.12 2017고단339
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 16, 2017, at around 00:50 on March 16, 2017, the Defendant: (a) received a report from 112, that a drunk person would not cause disturbance and pay the drinking value; (b) went home to the patrol vehicle according to the slope E belonging to the Chuncheon Police Station Down E, which called the Defendant; (c) arrived at the front of 304 Switzerland, and arrived at the house from the slope E, which was the victim; and (d) upon the request of the Defendant to turn home from the slope E, the Defendant would have received a request to turn home from the victim.

“Along with the appearance of the victim as seen in sound, the victim threatened with drinking, and assaulted the victim’s timber on the floor of the 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. G statements;

1. Application of statutes on site photographs;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime are inferior, and the fact that there was no agreement with the victimized police officer is an element for sentencing unfavorable to the Defendant.

However, the defendant paid the drinking value to the police officer's opinion in a manner consistent with the duties of the police officer's on-site measures such as paying the drinking value, or unloading from the patrol vehicle, etc., and the extent of the defendant's assault or intimidation is minor.

In light of the fact that the Defendant recognized the instant crime and tried to kill the victimized police officer by finding it in the earth, etc., the sentencing factors favorable to the Defendant are considered as factors for sentencing. In addition, comprehensively taking into account all other circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence as indicated in the argument of the instant case shall be determined as indicated in the Disposition.

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