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(영문) 춘천지방법원 영월지원 2019.08.13 2019고단228
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 17:50 on April 27, 2019, the Defendant was drunk in front of the office B office of the Young-gu Police Station B at the time, Young-gu Police Station B, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Gangwon-gu, Gangwon-gu, the Defendant, without any particular reason, threatened D’s shoulder that she was on board a two-wheeled vehicle with a double hand, and threatened D with a continuous drinking.

In addition, while the defendant was on duty at the door of the Young-gu Police Station at the time, the E belonging to the Young-gu Police Station that observed the defendant, and assaulted E at one time by hand, etc.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers concerning traffic service and entrance service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to 15 million won; and

2. Scope of recommending punishment: Non-application of the sentencing criteria as the fine has been selected.

3. The Defendant, while under the influence of alcohol, assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

However, all of the crimes are recognized by the defendant, and the victim police officers do not want to punish the defendant by committing a serious death even by the victim police officers.

There is no record of punishment for the same crime.

This case, such as these circumstances, Defendant’s age, character and conduct, family relationship, motive and means of crime, and circumstances after crime.

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