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(영문) 대전지방법원 2014.06.11 2014고정716

공무집행방해

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who engages in food service.

On February 10, 2014, the Defendant was demanded on February 10, 2014, at the Defendant’s house located in Seo-gu Daejeon, Seo-gu, 11 Dong 603, to voluntarily attend the squad and undergo an investigation by a police officer from the Daejeon Police Station D District United in Daejeon who was called for after receiving a report.

At around 01:20 on the same day, the Defendant voluntarily attended the D District District Office located in Seo-gu, Daejeon, Daejeon: (a) assaulted the said F on the ground that the victim F (Namnam and 39 years of age), a police officer of the said District, threatened the said B, “finite, finite,” by threatening the said F, “finite,” and attempted to defincate the finite, “finite,” by hand, and attempted to defincate the victim, the police officer of the said District, who was a police officer of the said District, who met the said F, for about 30 minutes of “F,” find the desire to defin the said G, “F,” and find the said G’s chest part by force, sealed the said G’s chest, and find the finite, with his body, and attempted to fin the bat.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and H

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. From among concurrent crimes, Articles 37, 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated for the crime of obstruction of performance of official duties against F with heavier punishment).

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant. In light of all the circumstances such as the defendant's age, character and conduct, background of the crime, degree of assault and threat, and circumstances after the crime, it is judged that it is reasonable to be punished by a fine of 2 million won within the scope of the punishment (a fine of 15 million won or less). It is so decided as per Disposition.