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(영문) 대전지방법원 천안지원 2017.07.07 2017고단969

공무집행방해등

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On March 12, 2017, the Defendant committed assault, such as: (a) having been in the Northern-gu, Seo-gu, Seocheon-si, Seocheon-si; and (b) having been under the influence of alcohol at D convenience stores; (c) having breathed the breath of the Victim E, an employee, and booming the breath with his hand floor, without any justifiable reason.

2. The Defendant interfered with the performance of official duties at the time and time set forth in the above paragraph (1), and around the time and time set forth in the above paragraph (1), by assaulting F, who is a police official, to have reported the above violence at the above place and dispatched to the site, to find out the personal information about the above assault case, and to use the above F’s chest with two descendants, thereby hindering the police official’s legitimate performance of official duties concerning the above F’s 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Consideration, such as the fact that a deposit is made for the victim of assault for the reason of sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, the first fact that is the offender, and the fact that is against the law;