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(영문) 대전지방법원 공주지원 2018.05.25 2018고단59

공무집행방해

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

At around 01:05 on November 24, 2017, the Defendant, at the main point of “D” located in “A” located in “A” in Sinju City, around 01:05, left the clocks of E, a place of work under the influence of alcohol, and laid the clocks on the floor, such as pressinging drinking to F and G, who was an employee of the main shop where the clock was cleeping, who was at the time of drinking. On the same day, at around 01:10 on the same day, the Defendant continued to leave I and J for about 10 minutes even after receiving a report from L and J about 10 minutes.

Chewing, Chewing, Whether or not;

“A threat, as it may be at the time, has been posed, and I and J interfered with the legitimate execution of duties in relation to the prevention, suppression and investigation of the crime of I, a police official, in order to have the defendant returned home, taking into account the right side of I’s face one time with the defendant’s arms, the A and J’s own hand, to have the defendant returned home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to one CD for the storage of CCTV-recordings at D main points;

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;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment: A police officer was assaulted in the condition of detention.

The favorable circumstances: the first offense.

The mistake is recognized and seriously against it.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.