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(영문) 청주지방법원 2017.04.20 2016고단2681
공무집행방해등
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

1. The Defendant, at around August 12, 2016, was assaulted at and near the entrance of the brick apartment located in the 2nd, Cheongju-si, Cheongju-si on August 12, 2016

B The victim C (18 tax) who was the one of the two parties B, was assaulted by assaulting the above C by making the marith’s body three times as the marith’s marith’s hand.

2. The Defendant obstructed the performance of official duties at the time and place specified in the above paragraph 1, and committed assault, such as: (a) the Defendant, at the time and place specified in the above paragraph 1; and (b) the Defendant was faced with F from the E District Police Station in the Chungcheongbuk-gu Police Station E District Police Station in the Chungcheongbuk-gu, Seoul; and (c) the Defendant was dispatched to the site after having received a report of assault, and was frighted by the Defendant, such as: (a) the Defendant was tightly pushed down the chest part of the F; (b) the Defendant was boomed once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Article 260 (1) of the Criminal Act (the point of violence) of the relevant Act on the crime, Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties), and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime of obstructing the execution of official duties of the State or public institutions under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State or public institutions and requires strict punishment; the crime of assault is committed against a minor victim; the crime of assault is committed against a minor victim; there is no record of the crime other than punishment once by the fine of this species; the crime may be taken into account in light of the circumstances of the crime; and other favorable circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence; and all other factors of punishment prescribed in Article 51 of the Criminal Act, including the following circumstances, shall be determined as ordered by the order.

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