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(영문) 대전지방법원 논산지원 2016.07.26 2016고단324
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 23, 2015, the Defendant, as a Mongolian, disputed with the same monarch in the “Cju store” located in Seosan-si B around 04:00. On August 23, 2015, the Defendant and the police officer E, who belongs to the Seosan Police Station D District Team, were sent to the said place upon receiving a report of 112 that the mons mons bat around the same time.

Whether the defendant returned to the above F, who intends to return to the scene after completing the case processing, without properly resolving the case.

The purpose of this study is to see the size of the F in large sound, and the F in order to restrain the Defendant from going to the patrol vehicle, and assault the F inf again, and the said E was unable to move the patrol vehicle for about 15 minutes, by driving the patrol vehicle and leaving the scene.

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 F and G;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes of black stuffs and photographs

1. Article 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 Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the Defendant’s initial offender, and the Defendant’s age, sex, environment, background of the crime, degree of violence, and circumstances after the crime, etc. are considered in light of all the sentencing conditions as indicated in the argument of the instant case, such as the Defendant’s age, sex, circumstances, degree of violence, etc.

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