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(영문) 대전지방법원 2017.03.17 2017고단206
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 24, 2016, the Defendant damaged the property owned by the victim under the market price, such as misunderstanding that the victim would sell alcohol to minors, misunderstanding that the victim would have sold alcohol to minors, and taking the victim’s bath at a large interest, and walking the stroke, which was in the main passage of the main point, on the part of the victim D (the 56-year-old), which was located on the floor of the Seo-gu Daejeon Special Metropolitan City on December 24, 2016. The Defendant damaged the property owned by the victim under the market price, such as misunderstanding that the victim would have sold alcohol to minors, and strokeing the alcohol.

2. The Defendant: (a) assaulted the Defendant at the time and place specified in paragraph (1); (b) assaulted the Defendant, she was a policeman belonging to the Daejeon Police Station G District, Daejeon, who was called upon 112, to walk a sign of no parking prohibition that was set up in front of a restaurant under the influence of alcohol (31) and walked, such as the Defendant, who embling a drinking house while taking a bath, and walked the H’s clothes once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Application of the Acts and subordinate statutes entered in the D Statements;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Consideration of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), the first offense, agreement with the victim of the damage to property, and the degree of exercise of tangible power, etc.

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