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(영문) 대전지방법원 서산지원 2015.02.06 2014고단953

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On October 11, 2014, the Defendant interfered with the progress of the event, such as dancing at the venue of the “D” event in the Sinjin-si, Sinjin-si (hereinafter “D”), and obstructed the progress of the event at the venue of the event at the stage of the event, and obstructed the progress of the event as well as maintaining order as an event personnel, and assaulted the victim by following three times the victim’s right launchings due to an oral report.

2. On October 11, 2014, the Defendant: (a) committed an assault on the part of the Defendant at the right edge of the Defendant, on the ground that the police officers belonging to the police station, who called out to the scene after receiving a report on the ground that he would escape from disturbance at the event site, as described in the foregoing paragraph (1) of the same Article, went into the front of the Defendant’s house by burning the Defendant on the patrol of the vehicle for the reason that the police officers assigned to the police station, who called out to the scene, went into the front of the Defendant’s house, on the ground that the Defendant’s arms and legs were unsatisfed by cutting off the Defendant’s arms and legs, thereby breaking up the Defendant’s arms and legs to return to the country; and

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Service log for the Hab box and service log for 112 reported cases; and

1. Application of the Acts and subordinate statutes on the part of violence committed by victims;

1. Relevant Article 136(1) of the Criminal Act, Article 260 of the Criminal Act and Article 260 of the Criminal Act, the choice of a fine for the crime;

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

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

1. In light of the fact that the defendant committed the instant crime under the influence of alcohol pursuant to Article 334(1) of the Criminal Procedure Act, the nature of such crime shall not be mitigated.

However, considering the fact that the defendant reflects his mistake, and that the defendant has no criminal record, the circumstances favorable to the defendant are considered as follows. In light of the course of the crime in this case and the age, status of the defendant, academic background, etc., it is ordered as above.