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(영문) 대전지방법원 서산지원 2018.09.06 2018고단578

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On June 9, 2018, the Defendant received 112 reports from the Defendant that he/she was sexually indecent act at “C” located in Seosan-si B around 03:10 on June 9, 2018, and was asked questions about the circumstances of the instant case from the Rabman E ( South, 28 years old) of the Seosan Police Station D police station, which called “C” and called for a dispute, and received one time the entry part of the said police officer as his/her head.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention, suppression, and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. 112 Reporting case handling table;

1. Application of field photographs, instant video CD-related Acts and subordinate statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act does not relax the criminal liability in that the defendant, on the grounds of the sentencing of a provisional payment order, assaults a police officer performing official duties and interferes with his/her performance of duties, and thus, his/her misconduct is recognized, there is no criminal record who has been punished more severe than a fine, the degree of assault inflicted upon a police officer is not relatively more severe, the degree of assault inflicted upon a police officer is not relatively more severe, part of the money was deposited for a damaged police officer, and other conditions of the sentencing indicated in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc.,