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(영문) 청주지방법원 제천지원 2020.01.09 2019고단366
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 16, 2019, at around 18:17, the Defendant, under the influence of alcohol, found a disturbance on the Dam Apartment-dong, the entire residence of the B, and received a report 112, sent out the Defendant’s 112 report, saying, the Defendant: (a) took a bath to “a police officer, who is a police officer belonging to the Docheon Police Station E box, is urged to return home from the police officer F, who is a police officer belonging to the Docheon Police Station E box, to whom he would grow; and (b) assault F’s chest at one time as a drinking.”

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on crime prevention and handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Photographs of the police officer who has been assaulted;

1. Application of the Acts and subordinate statutes governing mobile phone images CDs;

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

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of the prevention of crimes and reporting 112, thereby obstructing the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

The favorable circumstances: The mistake is recognized and reflected.

After the instant case, the Defendant’s health status is not good, and there is no economic situation as a recipient of livelihood benefits, medical benefits, and housing benefits.

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