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(영문) 춘천지방법원 2017.01.18 2016고단1150
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 September 21, 2016, the Defendant entered a shopping district in the vicinity of the Chuncheon City B, in the direction of C, Matri-si, Matri-si on September 21, 2016.

D et al.’s failure, such as marchinging, is subject to a disposition of notice of penalty under the Punishment of Minor Offenses Act due to disturbance of alcohol by a police officer belonging to the Gangwon-gu E District Police Station E District of the Gangwon-do Police Station called the scene after 112 reports, “I are not subject to punishment.”

마음대로 해 봐라. 확 그냥 안경을 깨 버릴라! 쳐! 쳐! 쳐 봐! ”라고 하면서 어깨로 위 F의 가슴 부위를 5회 밀치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Act applicable to the facts constituting a crime, the choice of punishment, and the choice of fines;

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

1. The sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

In order to establish the State’s legal order and eradicate the light of public authority, there is a need to impose severe punishment on the crime of obstructing the execution of official duties of this case. However, the Defendant is in depth of his mistake, and the crime of this case appears to have been committed contingently, and the Defendant seems to have no record of criminal punishment, and the Defendant’s age, sex, environment, motive, means and consequence leading to the instant crime, and the motive, means and consequence leading to the instant crime, after the crime, the circumstances after the crime, and all other circumstances constituting the conditions for sentencing specified in the records and changes of the instant case shall be determined as ordered.

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