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(영문) 대전지방법원 서산지원 2017.02.24 2017고단12
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 17, 2016, 23:55, the Defendant voluntarily accompanied in relation to the case of assault report at the Cdistrict office of the Chungcheongnam-gu Police Station, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, B, to the victim E, who was a policeman belonging to the said district police station, stated the circumstances of the case, and was placed on the victim E, who was a policeman at night duty at his/her office, and was subject to restraint from the victim D by carrying out night duty at his/her own office, the Defendant was removed by his/her hand, putting the victim's head debt over the floor, putting the victim's face, putting the victim's face over the floor, and asked the victim E's left part.

As a result, the Defendant interfered with the victims' night work and the legitimate execution of their duties concerning the handling of 112 reported cases, and at the same time, the Defendant inflicted injury on the victim E such as the left-hand box which requires approximately two weeks of treatment, and the victim D with approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to each on-site photographs, one video CD, a copy of a work site in the C District, a report processing case list, a medical certificate, and a statement of opinion;

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (including the fact that both parties agree with the victims, the first offender, and the reflection thereof);

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was physically, mentally, or physically deprived of body and body by drinking at the time of the instant crime, etc., and thus, according to the records, the Defendant was aware of drinking at the time of the instant crime. However, in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions.

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