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(영문) 대전지방법원 2019.10.25 2019고단3167

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 12, 2019, the Defendant: (a) around 21:05, in front of Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Police Station C District District of Daejeon-gu, where a person under the influence of alcohol was reported to 112, and the Defendant was able to look back to the Defendant, and to cause the Defendant; (b) the police officer stated that “I am at any time, you am, you do not see, you do so, and you do not see, you do so.” The Defendant obstructed the police officer’s legitimate performance of duties concerning the police officer’s handling of the 112 reported case by assaulting him/her, such as frighting him/her to walk up three times the left mouth of the police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement of the police statement;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant statutory provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, and the choice of fines (the punishment for the crime in this case is not minor in light of the substance of the crime in this case, but is divided in depth by the defendant's mistake, contingent crimes, and the degree of tangible force exercised at the time is not severe, and thus, the damaged police officer did not suffer injury; there is no same criminal power; and there is no specific money deposited to recover damage by the damaged police officer; consideration of favorable circumstances, such as the situation in which the damaged police

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;