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(영문) 대전지방법원 2019.06.05 2019고단659

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 23:35, 2019, the Defendant received a civil petition from a taxi engineer that the Defendant did not get out of the taxi due to his personal injury in the Daesung-gu B, 2019, and sent the Defendant a complaint from the taxi, and then sent the withdrawal of the measure for returning home to the taxi to the si, and made a threat as to the knife of the knife of the knife of the knife, and assaulted the knife of the knife of the knife of the above D at one time with the left head part of the knife.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding civil petitions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the C District Work Hours, case-related photographs, and criminal suspect video-recording Acts and subordinate statutes;

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 defendant's assertion regarding the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. Thus, although the defendant was under the influence of alcohol at the time of the crime of this case, it is difficult to recognize that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol. Thus, the defendant's above assertion is rejected.

Although the Defendant had been sentenced to a fine due to a crime of violence, the Defendant’s reason for sentencing does not change the nature and circumstances of the crime by assaulting the police who wear a uniform within the police boat, which is a public office. However, under the influence of alcohol, the Defendant appears to have committed the instant crime and recognized his mistake by contingency. The Defendant received a letter from the damaged public official, and the Defendant’s character, behavior, environment, etc. can be seen through the instant pleadings.