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(영문) 대전지방법원 서산지원 2015.05.14 2015고단46

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 12, 2015, at around 23:18, the Defendant, at the “C” restaurant located in Jinjin-si B, drinked alcoholic beverages without any justifiable reason, and added a hand to a sprink, and taken the body sprink, etc., and requested the Defendant to verify the identity from E, a police official belonging to the D Zone 3 Team patrol team of the Jinjin Police Station, who was dispatched after receiving 112 report, and the police officer in charge of the police officer, who was called up, requested the Defendant to check the identity, and the following: (a) expressed that the Defendant “ging sprinkling, sprinkling the same bit B bit B bit B bit B,” and (b) interfered with the Defendant’s legitimate execution of duties concerning the handling of the 112 Report Case of E, a police official at the time

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident reporting;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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 of the provisional payment order is that the defendant assaults a police officer who was dispatched to a police officer who was under the influence of alcohol, and the nature of the crime is not good. However, even though the defendant committed the crime of this case, the defendant committed the crime of this case by contingency, and the degree of exercise of violence is not significant, and the defendant did not have any other criminal record except three times punishment by fine, and all of the sentencing conditions in the records and arguments of this case shall be determined by comprehensively taking into account all the sentencing conditions