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(영문) 춘천지방법원 2016.07.20 2016고단461
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant got off working in front of the entrance entrance of the 1st floor of Chuncheon City B, 205 Dong 1, 205.

It is said that the phone has been killed by carrying out the phone to a line without the word of Hanmadi-ro.

The phrase “a man two male persons find a reporter, die, and keep the door open” was 112 reported and sent to the site, and the slope D belonging to the Chuncheon Police Station C District of the Chuncheon Police Station failed to stop the defendant to enter the apartment of the reporter while requesting him to return home to the defendant, and assaulted D's chest by hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on-site measures according to 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

In order to establish the State’s legal order and eradicate the light of public authority, there are unfavorable circumstances such as the need for strict punishment with respect to the crime of obstructing the performance of official duties of this case. However, the defendant is in depth of his mistake, the defendant has no record of being punished for the same kind of crime, and there has been no record of serious criminal punishment heavier than the suspension of qualification until then, since 199, the degree of assault in this case is not limited, and the defendant’s age, sex and behavior, environment, and motive, means and consequence leading to the crime of this case, the circumstances after the crime, the records and changes of this case shall be considered, and the punishment shall be determined as ordered.

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