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(영문) 청주지방법원 제천지원 2017.05.11 2017고단31
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 28, 2016, around 22:58, the Defendant 106 Dong 603, the front corridor-si B apartment house 106 Dong 603, and received a report of 112 from the residents of the apartment house, and was asked to ask questions as to where the residence is located from D and E, the police officer affiliated with the Gyeong-gu Police Station C District of the Incheon Police Station C, which was called as "I am, why is, and why you do, do, we see D's flab, and E's flab, "I am, why is, and why you do not do so."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to field photographs and case photographs;

1. Relevant Article 136 of the Criminal Act and Article 136 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment determined by a crime of interfering with the execution of official duties against D heavier than the aggravated punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the 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:

The fact that a police officer who received a report assaultss the police officer to interfere with his/her execution of duties, confessions that he/she is against his/her duty, the degree of exercise of force is not serious, and there is no criminal history of the same kind.

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