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(영문) 대전지방법원 서산지원 2019.05.09 2019고단79

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 26, 2018, at around 21:20, the Defendant received a report from C (23 years of age) belonging to the police officer of the Jinjin Police Station B, who was called to the site on the 112-day roads in front of the Jinjin Police Station 144, 7-gil-dong, Jinjin-si, Sinjin-si, to stop a disturbance and urge him to return home, refused it, and the Defendant took the face of the above C one time by drinking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. One copy of a investigation report (the CCTV storage file in the police station, the CD file), and a CD in the video storage;

1. The work site in the B district;

1. 112 Notice to the reporting-related department; and

1. Application of statutes on field photographs;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, which recognize and reflects the defendant's mistake, the degree of assault used by police officers is relatively minor, the primary offender is the defendant's age, character and conduct, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments of the case, including the circumstances after the crime, shall be determined as ordered by the order.