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(영문) 대전지방법원 천안지원 2015.09.18 2015고단1318

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

At around 02:50 on August 2, 2015, the Defendant: (a) was under the influence of alcohol while driving a motor vehicle on the front road of “Sacheon Bank” in front of “Sacheon-gu, 129,” and was under the influence of alcohol, and (b) sought to escape from a defect in order to verify the facts of drinking and personal information after having been sent to the Defendant by a policeman affiliated with “Sacheon-gu, 112, who was dispatched after receiving a 112 report; and (c) committed assault against C’s trees and chests on the floor of the Defendant, on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Written statements prepared by D;

1. Application of video-related Acts and subordinate statutes to damaged parts of pictures;

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 is that the Defendant has exercised tangible power against police officers performing official duties, and thus, the liability for the crime is not easy.

However, if the defendant committed a crime under the condition that he was under the influence of less than the drinking, he is aware of his mistake.

The degree of violence is easy, and there is no record of punishment before this case.

As such, a fine shall be imposed by taking into account the favorable circumstances for the defendant.