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(영문) 대전지방법원 천안지원 2015.03.20 2014고단1574
공무집행방해
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

On September 6, 2014, the Defendant: (a) expressed a desire to leave the road to prevent danger and safety by using a slope D belonging to the police box of the Yanananandong Police Station, Yandong-gu, Yandong-dong, Yandong-dong, Yandong-dong, Yandong-gu, and obstructed the traffic of vehicles while under the influence of alcohol, and paying the driver a trial fee; (b) assaulted D to take the face of D on three occasions, i.e., the victim’s right bridge at one time, with a view to preventing danger and safety by using a slope D belonging to the police box of the 112 Report.

Accordingly, the defendant interfered with the legitimate performance of duties concerning the handling of 112 reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes stating the occurrence of, and reporting on, the occurrence of, the obstruction of performance of official duties;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The act of assaulting a police officer in the course of performing his/her duty for sentencing under Article 334(1) of the Criminal Procedure Act should be punished strictly. However, considering the fact that the defendant's act of assaulting a police officer in the course of performing his/her duty for sentencing under Article 334(1) of the Provisional Payment Order appears to result in the crime of this case by failing to control himself/herself under the influence of alcohol in a state of repeated hospitalization and discharge and mental treatment so that he/she is unable to undergo a mental and medical treatment, his/her mistake is visible, and there is only a long time of punishment by fines

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