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(영문) 대전지방법원 천안지원 2020.05.13 2020고단455
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Around 22:15 on February 6, 2020, the Defendant: (a) 112 reported 112, i.e., “satisfying” in front of the B commercial building in the Western-gu, Seocheon-gu; (b) 22:15, the Defendant took an inquiry as to whether he/she has any objection to the result of drinking alcohol measurement by a policeman E (Nam, 26 years of age) affiliated with the D Zone in the Yanananananannanan Police Station D District of the Yanananananananananannanann Police Station, who was called “I will not attend the day-to-day viewing and listening to the day-to-day viewing”; and (c) assaulted the part of the E’s clothes at the time of drinking on one occasion, and assaulted the chest of F (F, 25 years of age) affiliated with the said World on one occasion as drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (this refers to a police officer's analysis of clocks);

1. 112 reported case handling table;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act, based on the following factors: (a) the Defendant’s reason for sentencing under Article 334(1) of the Provisional Payment Order is deemed to be bad in the course of performing official duties by force for police officers; (b) the degree of violence by the Defendant is not weak; (c) the Defendant recognized the crime; (d) deposited the damaged police officers for the sake of the victimized police officers; (e) the victimized police officers do not want the punishment of the Defendant; and (e) the Defendant has no record

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