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(영문) 청주지방법원 영동지원 2016.09.29 2016고단61
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 April 6, 2016, the Defendant sent KRW 50,00 to the police officer D belonging to the above C Zone at the Young-dong Police Station C District located in the Chungcheongbuk-dong B around 20:53 on April 6, 2016, and KRW 50,000 to the wind.

“Along with the desire of the police officer,” the police officer had expressed the desire of “Abrepted,” “Abrepted, I am e.g., I am. I am. I am. I am. I am.” and assaulted the part of the police officer’s title at one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Evidence List No. 9) and the application of the video CD-related Acts and subordinate statutes attached thereto;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order was that the defendant was unable to receive a letter from the victimized police officer, and thus his/her punishment against the defendant.

On the other hand, on the other hand, the defendant's perception of committing the crime of this case and his mistake is divided.

Although the defendant did not reach the state of mental and physical weakness at the time of committing the crime, he seems to have reached the crime of this case due to the negligence of drinking alcohol, and the frequency of assault was limited to once, and the degree of assault was not limited to the extent of assault.

The defendant had no record of criminal punishment, as well as criminal records of the same offense.

In the above-mentioned major circumstances, the court shall select a fine against the defendant and determine the punishment as ordered by taking into account the conditions of all the sentencing revealed in the trial process of this case and the existing level of punishment for similar cases.

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