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(영문) 춘천지방법원 2017.08.23 2017고단469
공무집행방해
Text

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

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 26, 2017, the Defendant received 112 reports from “C” entertainment room B located in Chuncheon-si B on March 26, 2017, stating “C,” and received a notification from customers to “influence without paying the drinking value,” and received confirmation of his/her intention to pay the drinking value from D police station D police station E, etc., the Defendant paid the drinking value.

내가 낸 세금으로 먹고 사는 사람들이 대한민국 경찰이 그렇지. 양아치들’ 이라고 하고, 피해 자인 순경 E에게 ‘ 아, 못생겼다 ’라고 시비를 걸면서 오른발로 피해자의 오른발을 걷어찼다.

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. A protocol concerning the interrogation of suspect with respect to F;

1. Each written statement of G, E, and H;

1. Application of Acts and subordinate statutes on site photographs and reports;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lies in sentencing factors unfavorable to the Defendant, such as the following: (a) the Defendant’s failure to recognize the drinking value; (b) the Defendant was sent to the police station upon receipt of a report; and (c) the police officer who was on the spot; and (d) the police officer, who was in the process of taking measures, made an insulting speech; and (c) the commission of the instant crime was poor; and (d) the fact that the Defendant did not agree with

However, the fact that the defendant seems to have recognized and reflected the crime of this case, that the defendant has no record of criminal punishment over six years prior to this case, that there is no record of criminal punishment above suspended execution, and that there is no record of criminal punishment for the same crime, etc. are elements of sentencing favorable to the defendant.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., are considered.

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