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(영문) 청주지방법원 제천지원 2016.12.01 2016고단387
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

1. At around 23:40 on September 11, 2016, the Defendant: (a) discovered the Defendant used on a road by the police officer belonging to the Jeju Police Station D District D District, who was dispatched to the site after receiving a report from 112 that people are used; and (b) discovered the Defendant’s sale on the road; and (c) took the Defendant’s sale on the part of the Defendant, the Defendant expressed a bath as “in terms of tax base of, and of, the victim’s face.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

2. On September 11, 2016, around 23:55, the Defendant voluntarily acted in the zone D of the Dacheon Police Station located in the Dacheon-si, Dacheon-si, and subsequently, the Defendant expressed to E, a police officer belonging to the D Zone D of the Docheon-gu Police Station, “new wave kis, chexe,” and took the victim out of the Defendant’s new attack reported by the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. A investigative report (to be accompanied byCCTV video CDs);

1. Application of Acts and subordinate statutes of photographic description, ctv video analysis photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment stipulated for the obstruction of performance of official duties around September 23, 2016, with heavier penalty)

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The act of assaulting a police officer to obstruct the legitimate performance of official duties, and is against the law, the degree of the exercise of force is not much serious, and there is no criminal force.

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