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(영문) 청주지방법원 2018.05.31 2017고단2774
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, at around 00:40 on August 27, 2017, sits in stairs under the influence of alcohol, from the stairs of “C” heading office in the Heung-gu Seoul Metropolitan Government B building in the Cheongju-gu B building.

“A” in the Cheongju Police Station, upon receipt of a report 112, was asked to ask questions about the circumstances of the instant case from the Eman of the Cheongju Police Station D police station affiliated with the Cheongju Police Station, and the said E is under the influence of alcohol.

“The person who filed a report on a mobile phone sent a dynamic image to the above person who shows the dynamic image that the Defendant had been click from the stairs, and the person who filed a report on a mobile phone sent the click image to the reporter, and the clicked the finger, and the above clicked the finger, the hand was blick with the above hicker’s hand, and the chest of the above e was pushed one time.

Accordingly, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Arrest report on the occurrence of the case, the list of 112 reported cases, and investigation report (Attachment to a photograph of the head of the on-site CCTV image);

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Recognizing the error of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the Criminal Procedure Act recognizes and reflects on the reasoning of the sentencing. By so doing, the victimized police officers can commit any contingent crime under the influence of alcohol. No history of crime exists as well as punishment once a fine is imposed due to larceny. o Other conditions of sentencing under Article 51 of the Criminal Act, comprehensively taking account of the sentencing of Article 51 of the Criminal Act.

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