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(영문) 춘천지방법원 2020.12.01 2020고단552
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On May 5, 2020, at around 23:44 (see, e.g., evidence No. 15 of the record) the Defendant, at his own dwelling in Hongcheon-gun building C, was dissatisfied with the Defendant’s woman-friendly Gu, and reported 112 to the slope E belonging to the Hongcheon Police Station D District, who called to the site after receiving a report on 112 that “I am fighting....................., the Defendant, at its own dwelling in Hongcheon-gun-gun building C, threatened the Defendant with the desire to read “Sech ...............,” and the Defendant threatened the Defendant to the aforesaid E, as he was at the above shoulder.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the evidence list No. 2 No. 112 Report List, No. 112 Report List, and the field photograph statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed against a police officer in uniform (see, e.g., Supreme Court records No. 18 pages). Thus, the circumstances can be deemed as bad.

However, considering the fact that the defendant recognized the crime of this case as well as the fact that there is no same record and no record of punishment exceeding the fine (see Article 52 of the evidence record), the defendant's age, occupation, character and conduct (see Article 39 of the evidence record), environment, family relationship, and the motive and background of the crime of this case.

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