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(영문) 청주지방법원 2016.10.19 2016고단1763
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 3, 2016, at around 03:10, the Defendant: (a) received 112 report that “the assault case occurred; (b) the police officer D, a police officer belonging to the Cheongju-gu Police Station C district unit of the Cheongju-gu Police Station, Cheongju-gu; and (c) the Defendant requested that “the Defendant sent off the Defendant at his own house” and requested that “the Defendant sent off the Defendant’s house” several times; (c) the Defendant refused the request; (d) the Defendant was able to look back the Defendant’s body due to physical illness in the location; and (d) the Defendant was able to look back the D’s eye.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the 112 Reporting Case Handling Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. (Co-CCTVs)-Application of the statute;

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 Defendant’s act of obstructing the performance of official duties by assaulting a police officer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable condition to the Defendant, and the Defendant makes a confession of and reflect against the instant crime, and the Defendant has no same criminal record and no particular criminal record other than once a fine is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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