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(영문) 대전지방법원 천안지원 2018.09.07 2018고단1104
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

On April 24, 2018, at around 03:18, the Defendant: (a) received a report from the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 401, on the 112 report from C, who was unable to visit the her house and was dispatched to the said place to identify the details of the report; and (b) was sent to E, the circumstances where the Defendant was affiliated with the D police unit in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City, to “I am son, I am son, I am am son, I am B, and I am am son by hand, and the Defendant was placed at the bar of F, who was affiliated with the said police unit, to arrest the Defendant as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Damage and on-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, including the background of the instant crime and the form of the act, etc., the sentencing of the instant punishment is not somewhat weak; on the other hand, the Defendant confessions and reflects the instant crime; the Defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol; and the Defendant has no record of punishment for the same kind or violent crime; and all other circumstances revealed in the records and theories of the instant case, such as the fact that the Defendant has no record of punishment for the same kind of crime

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