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(영문) 대전지방법원 서산지원 2019.02.14 2018고단1016
공무집행방해등
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

1. Around 02:00 on September 24, 2018, the Defendant, who did not comply with the withdrawal, continued to occupy the victim’s house for about one hour, such as finding the victim’s house (n, 69 years of age) who is a sentenced tree in Jinjin-si B, gathering goods in the house while drinking, cutting off the house, cutting off the house, booming the house, and taking a bath, etc., and was requested by the victim to leave several times, and thus, failed to comply therewith.

2. On September 24, 2018, around 03:30 on September 24, 2018, the Defendant: (a) sent to the site according to the 112 report stating that “E ( South, 47 years old) the police box affiliated with the Jinjin Police Station, sent to the site according to the 112 report stating that “I will take a bath to do so;” and (b) requested the Defendant to go home at the site, the Defendant sent the face of E one time as he saw.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to the prevention, investigation, and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared by F and C;

1. A 112 reported case handling box and a service log for a police box;

1. Investigation report (Attachment of On-the-spot documentary images);

1. A criminal investigation report (in cases of attaching a victim's Fdong image transmission file), a video CD;

1. A report on investigation (to hear statements of witnesses and reports of the F);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 319(2) and (1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order exist, the punishment of the defendant shall be imposed and the defendant leaves the place where he/she resides;

It is not easy to comply with the request of the police officer to leave the house after receiving 112 report, and it is not easy to interfere with the performance of official duties due to the face of the police officer by drinking.

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