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(영문) 춘천지방법원 속초지원 2019.01.09 2018고단302
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 14, 2018, at around 20:15, the Defendant, under the influence of alcohol in the C parking lot located in Seoyangyang-gun B, her father’s bath, and was faced with a disturbance, the Defendant: (a) was subject to a disturbance from E of the patrol team of the Seocho Police Station 2, who was dispatched to the site after receiving 112 report; (b) was subject to a disturbance; (c) was flading the above E, and flading the said E with both hand, and fladling the shoulder, and flading the fab.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of E;

1. Application of the Acts and subordinate statutes governing obstruction of performance of official duties;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that it uses violence against a police officer in charge of performing official duties, and thus, the nature of the crime is not minor.

However, in consideration of the fact that the defendant is deeply against the crime, the first offender, the deposit of 200,000 won for the damaged police, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and result, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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