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(영문) 대전지방법원 홍성지원 2018.07.10 2018고단335
공무집행방해등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On April 5, 2018, at around 00:10, the Defendant: (a) obstructed the Defendant’s business, at the “D main point” operated by the Victim C in Chungcheongnam-nam Budget Group B; (b) obstructed the Victim’s main business by means of a large voice before the Kashter, who was demanded from the injured party to pay the alcohol value; and (c) interfered with the Victim’s main business by avoiding the disturbance between approximately 30 minutes of the disturbance and by force.

2. 공무집행 방해 피고인은 2018. 4. 5. 00:22 경 위 ‘D 주점 ’에서 “ 손님이 영업 방해 한다” 라는 112 신고를 받고 현장에 출동한 예산 경찰서 E 지구대 소속 경위 F으로부터 술값을 지불하고 귀가할 것을 요구 받자, “ 짭새 새끼들 아 니들 뭐냐,

야 이 짭새 새끼야 병신새끼들, 나 여기 지역 유지인데 니들 다 좆될 줄 알아 라” 등의 욕설을 하며 손바닥으로 위 F의 얼굴을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines 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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on comprehensive consideration of all the conditions of sentencing as shown in the records, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., and the details of the instant crime, as set forth in the order.

3. Unfavorable circumstances: the victim who interferes with the duties of the police officer by showing an insulting speech or behavior against the police officer who performs a legitimate official duty.

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