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(영문) 대전지방법원 천안지원 2015.09.03 2015고단1097
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 23, 2015, at around 03:23, the Defendant: (a) was under the influence of noise, etc. in front of the Westernbuk-gu, Seocheon-gu, Seocheon-gu; (b) was boomed by the Defendant, following the 112 report, that D, in order to take the measures to return home of the Defendant, he was spite the Defendant, spite D’s spite with “this Chewing fright”; and (c) spite D’s face twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the cinematographic Acts and subordinate statutes of violence victim photographs;

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 crime was committed against a police officer who was dispatched by the defendant on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order. However, although the crime was not committed, considering various sentencing conditions as shown in the argument of the instant case, such as the defendant's age, age, character and conduct, and environment, including the fact that the defendant has yet to be aged, was recognized as a initial offender, and reflects the crime, the punishment is determined as ordered.

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