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(영문) 청주지방법원 충주지원 2017.12.05 2017고단810
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 14, 2017, around 22:15, the Defendant assaulted the police officer slope C and D, who dispatched to the scene upon receiving a report from 112 from the Defendant’s family, in a ward located in the Defendant’s residence, 101 Dong 302, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of the report by 112, by assaulting the police officer in a manner that she was shot, Gara, and her chest at a distance of about 2 meters by cutting down the chest of the said police officer’s chest and drawing up a distance of 112 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, C, and E;

1. E statements;

1. Reporting on the arrest of a case;

1. A detailed statement of reported case processing; and

1. A report on the use of police gear;

1. A copy of the patrol box service;

1. Protocols of seizure, list of seizure, evidence of seizure, and photograph of seized articles;

1. Application of Acts and subordinate statutes to each investigation report (with respect to signing and sealing of documents, such as voluntary submitted documents, the statement of the person suspected of being suspected, and the analysis of CCTV video recording);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment stipulated for a crime of obstructing the performance of official duties by mutual consent and by obstructing the performance of official duties by a victim C, the crimes of which are more severe);

1. Selection of a selective fine for punishment (the instant crime was committed while the Defendant was threatening to kill knife by knife and knife) by her wife while the Defendant was in the custody of her wife, and used violence by her police officers dispatched, and the nature of the crime is not good in light of the circumstances, motive, result, etc. of the crime.

However, the Defendant shall be punished by a fine in consideration of the fact that all of the instant crimes were led to confessions and reflects against the police officers, the degree of assault against police officers is relatively minor, and the Defendant is an initial offender who has no previous criminal record.

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

1. Reasons for not less than section 334(1) of the Criminal Procedure Act.

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