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(영문) 대전지방법원 2018.02.20 2017고단4049
공무집행방해
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 May 3, 2013, the Defendant was sentenced to a suspended sentence of one year for fraud, etc. at the Daejeon District Court, and was sentenced to a suspended sentence of two years on May 23, 2014, and was sentenced to a four-month imprisonment for assault, etc. at the Daejeon District Court on May 23, 2014, and completed the execution of the said sentence on September 18, 2015.

On September 6, 2017, at around 18:30 on September 18, 2017, the Defendant drinked alcohol in D Eart in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, and the president prevented the Defendant and reported it to 112, and the police officers belonging to the Daejeon Dong-gu, Daejeon-dong Police Agency who received the above report were dispatched to the site.

The Defendant, upon receipt of a report, listen to the details of the report by Gman on the slope F and Police Officers belonging to the said patrol group, and recommended the Defendant to return home, and the Defendant b, “I am gue, I am son, and n n son, I am the police.”

“In doing the bath of “,” the chief door of the patrol car prevents the patrol car from departing from the patrol car, and interfered with the operation of the patrol car by doing any act that seems to be booming the patrol car with a bad hand and interfered with the patrol car.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the dispatch of report by police officers G 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the investigation report (verification of the same record as the suspect);

1. Application of the Acts and subordinate statutes in which statements made by the police in G are recorded;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized, considering the degree of tangible power exercised to public officials, the examination of the Defendant’s “mix-sex disorder”, and the crime during the period of these repeated crimes, etc.

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