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(영문) 전주지방법원 2017.12.08 2017고단1781
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 August 7, 2017, at around 23:55, the Defendant was making a false statement in the friendly apartment playground, which is located in 8, so that he could gushed, the Defendant interfered with the legitimate execution of duties concerning the handling of the report by the police official by assault and intimidation, and thus obstructing the police official’s 112-day handling of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to each investigation report (in relation to site conditions, etc., attaching a statement of processing reported cases to 112);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of obstructing the performance of official duties is not good because of unfavorable circumstances to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, etc.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the fact that the exercise of tangible power is not excessive, and the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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