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(영문) 청주지방법원 2017.04.20 2016고단1967
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 30, 2016, at around 01:02, the Defendant used “C cafeteria” in front of the “C cafeteria” located in Cheongju-si, Cheongju-si, and “A person was used.” The Defendant, upon receiving a report from 112, assaulted the Defendant, who was under the influence of alcohol and was under the influence of alcohol by shaking the Defendant, who was under the influence of alcohol, and was under the influence of alcohol to the shoulderer and E, who was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the protection of the lives and bodies of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report the arrest of the occurrence of a case and report an investigation;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70 (1) of the Criminal Act to attract a workhouse;

1. The elements of sentencing unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The nature of the offense is inferior as it was committed against a police officer in the course of performing his/her duties, which is dissipating and assaulting him/her. Recognizing that contingent crimes are committed, erroneous acts are recognized, and reflects. The victimized police officer does not want the punishment of the defendant. 50,000 won is deposited for the victimized police officer. Then, by taking account of the sentencing conditions under Article 51 of the Criminal Act, the sentence is set as ordered.

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