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(영문) 대전지방법원 2020.03.13 2019고단5050
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 20, 2019, the police officer C belonging to the Daejeon District Police Station B was under the influence of alcohol in the toilet located in Daejeon District D on November 20, 2019. "The defendant received 112 reports, sent them to the above place along with F of the police officer F belonging to the above District, sent them to the above place for the protection of the defendant, and was accompanied to the defendant and B for the protection of the defendant, but the defendant refused to enter the district into the above parking lot and tried to take protective measures against the patrol.

이에 피고인은 2019. 11. 20. 02:40경 대전 유성구 G에 있는 대전유성경찰서 B지구대 주차장에서, 두 발을 순찰차 밖으로 내민 상태로 순찰차에 앉아 갑자기 C에게 ‘이 새끼 생긴게 재수없게 생겼네’라고 욕설하면서 C의 왼쪽 정강이를 2회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the protective measures of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the 112 Reporting Report List, on-site, and damaged statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the Defendant’s mistake as the primary offender, and the Defendant appears to have committed the instant crime by contingency under the influence of alcohol. In addition, the Defendant’s age, character and conduct, family relation, motive and circumstance of the instant crime, means and consequence, etc., and the various conditions of sentencing indicated in the arguments and records, such as circumstances after the commission of the crime, shall be determined as ordered.

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