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(영문) 대전지방법원 천안지원 2017.09.15 2017고단1121

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 April 21, 2017, around 13:10 on April 21, 2017, the Defendant reported to the effect that “D, who is an employee in charge, called from the entertainment room to the office of the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and sent to the above entertainment room.” On the other hand, the Defendant reported to the effect that D, who is an employee in charge, was under the influence of alcohol in the entertainment room, was under the influence of alcohol, and sent to the above entertainment room.

around 14:25 on the same day, the Defendant was under the control of illegal matters in the entertainment room.

D. D. F. F. F. C. “I. Chewing f.e., f., why he shows Handphones, why he knows, and without showing F. F’s change of Handphones, she continued to take a bath, and she was f.e., her mother’s f. at F’s face, and she was f.e., her chest at one time.

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 police with regard to F;

1. Each self-statement of G and H;

1. Application of Acts and subordinate statutes to photographs damaged;

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 crime of this case contingently while under the influence of alcohol.

The defendant currently recognizes his mistake and is against the law, and is not subject to criminal punishment exceeding a fine.

The degree of violence against police officers and the degree of damage caused thereby are not so significant.

In addition, the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime are judged.