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(영문) 청주지방법원 충주지원 2017.08.08 2017고단457
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 7, 2017, at around 19:35, the Defendant: (a) received 112 reports; and (b) assaulted F with Gman on one occasion by walking a buckbbbbbbbs in the presence of E, Gyeong F, and Patrol who was called to the said site, while under the influence of alcohol from Gman to undergo a proposal for returning home from the said site; and (c) walked one time at the right side of the border F in the event that he was under the influence of alcohol; and (d) was arrested as a flagrantbbs in the act of interfering with the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each statement of F, G and H;

1. Arrest report of an occurrence of interference with the performance of public duties;

1. Photographs of videos at the time of arrest;

1. 112 Reporting case handling table;

1. A list of notification and management of the progress of handling the case;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 136(1) of the Criminal Act and Article 136(1) of the same Act regarding criminal facts (the crime of this case requires strict punishment in order to establish public order by taking advantage of the Defendant’s desire and committing violence to two police officers in the state of being taken by the Defendant.

However, the defendant is both led to the confession of all of the crimes of this case and reflects in depth, and the defendant is punished by a fine at this time in consideration of the fact that there is no record of punishment other than that sentenced to a fine of one million won in this court as a crime of violation of the Punishment of Violences, etc. Act in 2015.

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [ although a prosecutor was indicted of a crime of obstructing the performance of each official duties by two police officers as an ordinary concurrent crime, it is reasonable to see that the crime of obstructing the performance of each official duties by two police officers is a substantive concurrent crime because it is due to a separate assault)

1. The Criminal Act to attract a workhouse;

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