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(영문) 청주지방법원 제천지원 2019.07.11 2019고단159
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 May 20, 2019, around 04:15, the Defendant: (a) received a report from the C convenience store located in Seocheon-si B on May 20, 2019, to the police officer E belonging to the Do District Unit of the Incheon Police Station, who called to the site after receiving a report from 112 to the effect that she would cause a disturbance; (b) “I am going to the district,” and was urged to go home from E, and was on board the patrol vehicle.

However, the Defendant, who was on board the patrol vehicle and was on duty, committed assaulting the disturbance, such as demanding the sudden getting off and leaving the patrol car in front of the said C convenience store, and assaulting the E’s face unfolded by hand once by hand without any reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes and maintenance of public peace and order, such as handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Damage photographs;

1. A photograph of a CCTV image closure;

1. Application of statutes governing field CCTV images;

1. Relevant statutory provisions on criminal facts, Articles 136(1) and 136(1) of the Criminal Act of the choice of punishment (the court below shall choose a fine and set the sentence like the order, taking into consideration the following: (a) the fact that the defendant was sentenced to a suspended sentence of imprisonment due to the crime of causing property damage or causing obstruction of performance of official duties in 2012; and (b) the nature of the crime in this case is extremely heavy for the crime of obstructing performance of official duties; (c) the fact that the defendant misleads the defendant and reflects

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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