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(영문) 청주지방법원 2016.04.15 2016고단160
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant: (a) around 23:45 on the front side of the “C cafeteria” located in the public entertainment zone B, Young-gu, Cheongju-si.

The "I do not return to the first place" was requested to return home from E, a police officer belonging to the D police unit of the Cheongdong Police Station D District, which was dispatched after receiving a report 112, but obstructed the front of the patrol, and prevents the police officer from proceeding, and make it impossible to operate the patrol police officer by 10 minutes of the front knife of the patrol police officer's back knife and knife the back knife of the patrol police officer's back knife, and he did an act that he seems to have knife E while returning home to the defendant at the above patrol police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements E by police officers);

1. Investigation report (the F counterpart investigation of the shootings);

1. 112 Report processing statement, and the application of Acts and subordinate statutes governing the place of work for the global team;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. An act that interferes with the execution of duties by a police officer for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, such as making it impossible for the defendant to drive patrols of the police officer on duty, etc., is an unfavorable circumstance to the defendant, and the necessity of punishment is high. The fact that the defendant confessions the crime of this case and objects to it, and that the defendant is the first offender without any criminal record is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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