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(영문) 춘천지방법원 속초지원 2016.11.23 2016고단277
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 27, 2016, the Defendant: (a) displayed the disturbance on the front side of the house located in Seocho-si, Seocho-si, 112 on August 19:10, 2016; and (b) assaulted and threatened the Defendant with a view to ascertaining the field situation, the Defendant’s slope E (44 years of age) and F (30 years of age) of the D District Unit of the Seocho-gu Police Station, which was called to the site after receiving a report of 112 that he would escape from the disturbance on the front side of the house located in Seocho-si, Si; and (c) took the Defendant’s view of the construction materials located there (15 cm, length 7.5 cm, length 15 cm, length 7.5 cm) on his hand.

Accordingly, the Defendant interfered with the police officers' legitimate execution of their duties on site sailing, public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. Records of seizure and the list of seizure;

1. Application of seized articles, photographs and on-site photographs Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The offense of obstruction of performance of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as an offense that undermines the foundation of the rule of law by nullifying the exercise of legitimate public authority. However, the Defendant is the primary offender, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant offense, etc. are determined as ordered by taking into account all the conditions of sentencing indicated in the records of the instant case, such as the circumstances after the crime.

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