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(영문) 대전지방법원 천안지원 2017.11.10 2017고단1958

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

At around 00:20 on May 2, 2017, the Defendant visited, under the influence of alcohol, the Seocheon Police Station C District of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant visited the police officers working in the said district on the ground that it is difficult for police officers to accept the requirements, to speak, and, on the ground that it is difficult for them to accept the requirements, he saws against the police officers working in the said district on the ground of the fact that police officers in the said district, and flabsing the flab by drinking, the Defendant was flading off the parts of D’s flab, and flading the left part of D’s flab by drinking.

Accordingly, the defendant assaulted a public official who performs his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, took a bath against the police officer in uniform and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

However, the defendant seems to have committed the instant crime in a drunken state.

The defendant is currently recognizing and opposing his mistake.

No person shall be subject to criminal punishment, except once a fine which has not been imposed on the same species.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.