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(영문) 대전지방법원 홍성지원 2019.05.14 2019고단98

공무집행방해

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 13:50 on December 19, 2018, the Defendant was under the influence of alcohol at a house where the Defendant and his female living together with the Defendant, C, who were living together, were under the influence of alcohol, and the Defendant received 112 report from the above C, and the Defendant met the report from the above C, and it was difficult for the Defendant to avoid disturbance while having tried to separate the Defendant and the above C. The Defendant followed the above C, who was under the control of the Defendant from the above E, and the Defendant was under the control of the said E, who was under the influence of alcohol, and the Defendant was under the control of the Defendant, and the Defendant was under the control of the said E, who was under the influence of drinking. The Defendant was under the control of the said E, who was under the influence of drinking, and the victim’s chest was under the influence of drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The legitimate exercise of governmental authority by the State for sentencing reasons under Article 334(1) of the Criminal Procedure Act should be protected for peace and security of all citizens including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, the defendant's mistake is divided and reflected, and the defendant is the first offender who has no record of domestic criminal punishment, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, etc., and all the sentencing conditions specified in the arguments in this case, including the defendant's age, character