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(영문) 대전지방법원 천안지원 2018.11.29 2018고단2051

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 July 26, 2018, 18:40 around 18:40, 2018, the Defendant “a person under the influence of alcohol in the front of C, a person under the influence of alcohol in the front of C, in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the 112 report and solicits the Defendant to return home, and as the police officers look back, the Defendant she f, as the Defendant would look at the police officers.

“At the time of the follow-up of the above E, which was taken of a site condition and taken one time.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Application of the Acts and subordinate statutes in Chapter Two Acts and subordinate statutes to victims, field photographs and photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is not sufficient since it interferes with the execution of duties by assaulting a police officer, and it is not good to commit the crime. However, the defendant's mistake is recognized, and the degree of assault is not excessive.

A defendant has no record of the same kind of crime except for a crime of violence, 1986.

In addition, the punishment shall be determined as ordered by taking into account the various factors of sentencing shown in the pleadings, such as the defendant's age, sex, environment, family relationship, etc.