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(영문) 전주지방법원 2019.05.23 2019고단176

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 21, 2018, the Defendant reported 112 to the effect that “a drunk person spawns a spawn” at a C restaurant located in the Jeonju-gun B of North Korea, and received questions from the victim E (50 years of age) who is the circumstances leading up to the police box belonging to the relevant police station, and the police officer asked questions to verify personal information, and took a bath without any particular reason, and took a part of the face of the victim one time in drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties, and at the same time, the Defendant placed on the right side, the non-face, etc. requiring medical treatment for approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, E, and F;

1. Each statement of H and I;

1. Each complaint filed by E and F;

1. Application of Acts and subordinate statutes to report internal investigation (on the spot operation status, police boxes and the process of carrying them out), relevant photographs, internal investigation reports (Submission of a medical certificate by the victim E), investigation reports (video recording data);

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant's confession.

On March 23, 2019, the Defendant agreed with the victim E.

The defendant has no criminal records subject to punishment beyond a fine.

Other circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, family relationship, motive and consequence of the crime, and circumstances after the crime.

Public Prosecution Rejection Parts

1. 이 사건 공소사실 중 피해자들에 대한 모욕의 점의 요지 피고인은 2018. 12. 21. 21:21경 전북 완주군 B에 있는 C식당에서, 위 식당 종업원 및 손님 등 여러 사람이 있는 가운데 큰 소리로 피해자 E과 피해자 F에게 "인간 쓰레기 자슥아!

I amb. I amb.