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(영문) 춘천지방법원 강릉지원 2013.05.08 2012고정584
공무집행방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

On October 20, 2012, around 02:35, the Defendant: (a) 02:35 on October 20, 2012, the Defendant sent the Defendant’s daily son and drinking alcohol to the main place of business and drinking value; (b) was reported to the 112 Gun Police Station 112 in the East Sea; and (c) the Defendant, who was a patrol staff belonging to the Dong Police Station C zone in the East Sea Police Station C zone in the East Sea Police Station, was able to calculate the drinking value to the Defendant; and (d) the Defendant was able to write off and talk the alcohol remaining on the wind on the table, with the Defendant’s fee-raising, and then the police officer was able to move to the Defendant, and the Defendant was able to file a report on the above 12 police officer’s body, thereby obstructing the Defendant’s performance of his duties.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: ① the defendant is under the influence of alcohol, and the nature of the crime is not good as a matter of obstructing police officers’ legitimate execution of their duties; ② the so-called so-called major crime causes serious social problems. The circumstances favorable to the expansion of awareness of the necessity of the strict group: ① the defendant is against his wrong and divided, ② the defendant has no criminal power; ② the defendant has no criminal power, taking into account the above circumstances and the matters stipulated in Article 51 of the Criminal Act, the sentence like the order was determined.

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