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(영문) 춘천지방법원 속초지원 2020.01.22 2019고단165
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 March 20, 2019, at around 23:15, the Defendant, within the main point of “C” located in Yangyangyang-gun B, 112, who walked to another person and was dispatched to the Defendant upon receipt of 112 reports, and the police officer E belonging to the D District Unit and F, who was subject to the control of the police officer E one time by his hand, and the F, who was under his control, committed assault by the police officer F’s breast part of the chest.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of relevant photographs, 112 reported case processing lists, criminal photographs, motion picture CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order has a record of having been subject to criminal punishment several times due to violent crimes, and committed the instant crime during the repeated crime period, and the obstruction of performance of official duties needs to be punished in particular in order to establish a legal order and eradicate a light of the public authority.

However, the defendant's mistake is recognized, and the degree of violence of this case or obstruction of performance of official duties is not strong.

In addition, the sentencing conditions of the defendant, such as the character and conduct of the defendant, the circumstances of the crime of this case, and the circumstances after the crime, shall be determined as ordered.

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