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(영문) 대전지방법원 2018.04.26 2018고단518
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 04:10 on November 15, 2017, the Defendant: (a) asked questions about the circumstances belonging to the police box of the Daejeon District Police Station D police station, E assistantF, personal information, etc., and refused to comply with the investigation; (b) during the process of arresting the said police box as a current offender for drinking, by the police officer assigned to the said police box, who provided support to the said G during the process of arresting him/her as the current offender for drinking, during which he/she was dispatched to the scene after having received a report of 112 that “the taxi driver drive alcohol” was “the driver of the said police box, who provided this weather, does not spawn, and does not have any other spawn,” and used the face part of the said G as his/her head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of flagrant offenders by police officers in uniform and the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes (G, F, and E);

1. Relevant legal provisions for criminal facts, Article 136(1) of the Criminal Act for the selection of punishment, and the selection of fines [it is not easy to obstruct the performance of official duties, but there is no other criminal punishment except for those subject to a minor fine, the defendant does not have any other criminal punishment, and confession and reflects the crime in this case, and the defendant is in a position to support the elderly's sick and nursing care for the elderly at the Medical Care Center, and to support the elderly's baby who is hospitalized at the Medical Care Center, as well as the situation where it seems necessary to treat him/her by means of depression for him/her);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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