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(영문) 대전지방법원 홍성지원 2017.04.18 2017고단85

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 February 4, 2017, the Defendant entered, without permission, the first floor office (F) of the Defendant’s type E’s house under the influence of alcohol in front of the house located in Seocheon-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on February 4, 2017.

The reason why H and policeman I proposed that he would be forced to leave from the territory of the G District of the Seocheon Police Station G District of the Republic of Korea, who was called for after receiving the report of the above E, and that he would be required to leave the office, and that he would be required to take a bath to the Y, and that he would be required to take a back the office once again, and that he would be required to take a back to the office once by carrying out a h and policeman, and that he used to take a h and policeman I to take a bath, such as “I flish, flish,” and flish flish flish on the face.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes governing the settlement of on-site photographic data, the place of work in the G global belt, and the list of reported cases;

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. The legitimate exercise of governmental authority by a State with reason for sentencing of Article 334(1) of the Criminal Procedure Act shall be protected for peace and security of all citizens, including the Defendant himself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, the favorable circumstances, such as the fact that the defendant reflects his mistake, the fact that the damaged police officer does not want the punishment against the defendant, the act of spitation against the police officer is very insulting, but the police officer does not exercise the direct force against the police officer, and there is no particular criminal punishment in addition to a fine for one time due to drinking driving.