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(영문) 청주지방법원 2020.11.26 2020고단1561
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On August 6, 2020: (a) on August 6, 2020, the Defendant: (b) at the “C” bar located in Jincheon-gun, Jincheon-gun, Jincheon-gun; (c) was required to pay the drinking value by the victim E (ma, South and 57 years of age) who is a person living together with D who is the business owner of the said danran bar; and (d) was said to have given the victim the victim’s face one time of drinking.

As a result, the Defendant inflicted injury on the victim, such as the diagnosis in the mouth, which requires treatment for about two weeks.

2. 공무집행방해 피고인은 2020. 8. 6. 03:15경 제1항 기재 장소에서, ‘손님이 계산을 하지 않고 깽판을 친다’는 내용의 112신고를 받고 현장에 출동한 진천경찰서 F파출소 경위 G과 순경 H이 상해 피해자 E의 진술을 청취하는 사이에 피고인이 현장을 빠져 나가려는 것을 순경 H이 제지하자 오른 주먹으로 위 순경 H의 왼팔을 1회 가격하여 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police written statement of the victim, etc. of the victim to E and H;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act: The fact that there was a record of 19 times punishment for the same kind of crime or a concurrent crime; circumstances favorable to the fact that the crime was committed during the repeated crime period: the confession and reflect of the crime; the agreement was made with the victim; the defendant deposited one million won for the recovery of damage in relation to the obstruction of performance of official duties; and all other circumstances, including the defendant's age, character and conduct, environment, conditions before and after the crime, etc., shall be determined as the sentence as ordered.

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