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(영문) 춘천지방법원 원주지원 2020.07.23 2020고단441
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 28, 2020, at around 21:40, the Defendant: (a) 112 was under influence of alcohol on the frontway in Gangwon-si, Gangwon-si; (b) and (c) stated that E in the circumstances belonging to the zone D District of the original Police Station D, which was called the Defendant’s arms, shaking the Defendant’s arms; and (d) stated that the said police officer “Woo Makkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk,” and spited the Defendant’s

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by assaulting a police officer in uniform and obstructing the performance of official duties. However, although the nature of the crime is less than that of the defendant, the defendant's primary crime is contrary to the recognition of the crime of this case, the defendant's age, character and conduct, environment and circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.

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