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(영문) 대전지방법원 2017.04.27 2017고단627

공무집행방해

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

[Presumption of Facts] The Defendant was under the influence of alcohol on the front road of the apartment complex, and stopped in the area where it was around December 16, 2016 at around 01:10, Daejeon Seodong-dong 520-1, Seodong-dong 520-1.

B Unauthorizedly boarding a passenger car in the above B, he took a bath at the time of the above B, and assault B, including B, and B made a 112 report.

[Criminal facts]

1. On December 16, 2016, the Defendant was assaulted against a female under the influence of alcohol on the front of an apartment complex of 8 complexes of the emulh village, and on the front of the apartment complex of 01:15.

“A police officer affiliated with a police box called up after receiving the aforementioned 112 report, arrested the Defendant who was going up to the above B as a flagrant offender despite the police officer’s dispatch to the police officer, and assaulted the Defendant who was going up to the above D’s face on two occasions.

2. On December 16, 2016, at around 01:22, the Defendant: (a) took a bath at the police box located in Daejeon Sung-gu, Daejeon, with a view to sounding and cutting the wall; (b) took the Defendant’s control over the Defendant, and assaulted the police officer Fbucking in the above Fbucks.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to the arrest report of the occurrence of the case, notification of each department related to the report of the case of the 112 case, the service log of the C police box, the damaged photograph, and the CCTV caps;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) the records, such as the Defendant’s age, occupation, sex, environment, motive and means of and consequences of the crime; and (b) the circumstances after the crime; and (c) the various conditions of sentencing as shown in the instant pleadings.