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(영문) 대전지방법원 2018.02.26 2017고단5033
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 November 18, 2017, the Defendant: (a) 22:15, on the roads in front of the Daejeon Seodong-gu Daejeon, the Defendant took a bath in the course of having a dispute over the taxi engineer and destination; (b) was able to go ahead of the said zone by a taxi engineer; (c) the police officer D asked for the destination of the said zone; and (d) the police officer, who was affiliated with the said zone, asked the destination of the said taxi to take a bath for the bath; and (d) committed assaulting the said D with the chest’s chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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

1. A punishment as ordered, in consideration of the fact that a crime commits an act of assaulting a landscape performing official duties in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is not minor, but is not identical to that of the same kind of power, is against mistake, the degree of assault is not excessive, and a crime is committed against damaged landscapes, etc.

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