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(영문) 대전지방법원 천안지원 2019.05.17 2019고단302
공무집행방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 01:10 on December 9, 2018, the Defendant insultd the victim by openly expressing that “A” in front of the Asan City “C” restaurant located in B, and received the report of 112 that D is running under the influence of alcohol,” the Defendant sent out to F at the seat of the police box affiliated with the police box, the Defendant, and two employees working at the said restaurant, “F, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f,” which read the victim as “F.”

2. The Defendant: (a) committed an act of obstruction of performance of official duties on the same date, time, place, and at the same time as indicated in Paragraph (1) above; (b) the police box F of the E box called “D is under drinking,” which was called out after having received 112 reports, demanded the above D to take a drinking test; (c) obstructed this demand; and (d) assaulted F’s left part by taking away the f’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties of F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A president of the F;

1. Application of the Acts and subordinate statutes on video records;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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 on the ground of sentencing of the instant case on the ground of sentencing under Article 334(1) shall be determined as per the Disposition, taking into consideration all the circumstances revealed in the records and arguments of the instant case, including the following: (a) the Defendant’s confession and reflects the instant crime; (b) the Defendant appears to be an contingent crime committed under the influence of alcohol; and (c) the Defendant has no record of equal or excessive criminal punishment.

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