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(영문) 대전지방법원 2014.12.17 2014고정1714

공무집행방해

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On June 12, 2014, at around 02:40, the Defendant found to be drunk to the Daejeon Western Police Station C District Office, Seo-gu, Daejeon, Seo-gu, Daejeon, with the desire to read “Nan bit bit bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch mar,” and committed a threat to the circumstances of the said C District, even though he continued to use the said D’s bit “fat ing back to home,” and attempted to spread the said D’s son’s fat as drinking, and to spread it over the said D’s fat.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's activities and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences] 10 million won or less in favor of a fine [the decision of sentence]: The circumstances unfavorable to a confession and reflect: The defendant could have been led to violent crimes; the defendant's age, occupation, environment; circumstances of the instant crime; details of the instant crime; circumstances after the crime, etc., were considered in consideration of the sentencing conditions under Article 51 of the Criminal Act.