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(영문) 대전지방법원 2018.04.25 2018고단78

공무집행방해등

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

A. On November 20, 2017, the Defendant: (a) around 22:15 on November 20, 2017, the Defendant: (b) laid down the entrance door for about 20 minutes, without any reason, around the front door of the Victim C (68 Sejong-gu) of the said apartment building B (68 Sejong-gu).

Accordingly, the defendant damaged the property of 140,000 won, such as the domination of the entrance, owned by the victim.

나. 공무집행 방해 피고인은 위와 같은 일시, 장소에서 112 신고를 받고 출동한 대전 대덕경찰서 D 지구대 소속 경위 E에게 욕설을 하면서 주먹으로 가슴을 2회 때리고, 양손으로 멱살을 잡으며 발로 배 부분을 1회 찼다.

Accordingly, the defendant assaulted police officers E and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

1. Article 366 of the relevant Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of each fine;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that, under the influence of alcohol, a police officer who takes a bath to destroy neighboring property and takes a proper official duty and uses violence in order to solve this problem is against the circumstances that the nature of the crime is poor: the fact that the crime was committed in a state of alcohol, the fact that the victim of the damage in property reaches an agreement, and the victim wants to take a preference against the defendant; and