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(영문) 대전지방법원 2019.03.22 2018고단4685
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On July 21, 2018, at around 04:30, the Defendant: (a) was in front of the “Cjum” located in B, the Defendant’s husband G was sealed by the Defendant’s husband, who was in front of the “Cjum” in the former B, and was in front of the “Cjum” in the foregoing place, when the Defendant was in fighting at the said place, and was reported by 112, and was called up, the background F of the E Zone in the Bupyeong Police Station E zone called up for the Defendant’

Accordingly, the Defendant: (a) arrested G in the act of interference with the performance of official duties on the charges of obstructing the performance of official duties and carried the G’s arms in order to board the patrol vehicle; and (b) assaulted the F’s arm’s length with the f’s f’s f’s f’s f’s f’s b’s b’s b’s b’s b’s b’s f’s b’s b’s f’s b’s b’s b’s b’s

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each internal investigation report (number 3,4) and each investigation report (number 16,19);

1. Application of the Acts and subordinate statutes governing photographs, such as relevant persons, photographs, damaged photographs, CCTV photographs, and CCTV images CDs;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment for a period from one month to five years, or a fine not exceeding ten million won;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties [Class 1] - The mitigation element: In cases where the degree of violence, intimidation and deceptive scheme is minor, [the scope of the recommended area and the recommended sentence] mitigation range, one month to eight months [the general person] mitigation element: No history of criminal punishment exists.

3. Determination of sentence: a fine of KRW 3 million (selected to a fine in consideration of the following circumstances) was committed by the Defendant, who wears a uniform and assaults a police officer on official duty.

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