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(영문) 대전지방법원 2017.05.12 2017고단422

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 17, 2017, the Defendant, in around 02:05, was drunk on the front of the Daejeon Dong-gu B, Daejeon, and was seated.

The phrase “I” is that E in the position of the Daejeon East Police Station D District of the Daejeon Police Station, which was called upon the report of 112, is the case in which the competent authorities here.

”라고 말하며 피고인에게 귀가할 것을 권유하자 위 E에게 “ 뭘 쳐다봐, 씨 발, 뭐야 씨 발 놈 아 ”라고 욕설을 하며 위 E를 향해 할퀼 듯이 손을 휘두르고 위 E가 입고 있던 근무 복 상의 점퍼를 손으로 잡아당겨 찢는 등 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Consideration of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the degree of exercise of tangible power, the beginning offender, etc.