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(영문) 대전지방법원 2019.11.21 2019고단2966

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 August 11, 2019, at the Daejeon Police Station, located in the Dong-gu Daejeon, Daejeon, Daejeon, on August 03:58, the Defendant visited the said police box, under the influence of alcohol, to which he belongs, to which he belongs, and to which he belongs the said police box to ask for the circumstances of the case, stated that the Defendant she was "the shot. shot. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. to d. s.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention, investigation, and suppression of police officers' crimes.

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. Application of video CD-related Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed assault, such as throwing a police officer performing official duties, leading him/her to Twitts.

The corresponding punishment is needed for crimes that obstruct police officers' duties and obstruct public authority.

However, the degree of force exercised by police officers is very heavy and there was no significant result on police officers.

Although the defendant has been subject to a disposition to transfer juvenile protection cases due to violence, there is no criminal record.

The defendant recognizes his wrong and reflects his wrong.

The defendant deposited KRW 1 million in order to recover damage by police officers.

Such circumstances and the defendant's age, character and conduct, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.