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(영문) 대전지방법원 2017.11.28 2017고단3598
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 01:25 on July 12, 2017, the Defendant: (a) expressed an desire to “Iskn the Defendant, who was under the influence of alcohol and asked the Defendant to return home while drunk; (b) the police officer of the Sejong Police Station E box called “Is the Defendant, who was under the influence of the Defendant to ask questions about his residence, etc. from the F, the police officer of the Sejong Police Station E box called out, and the slope G, who was under the influence of the Defendant.”

Therefore, the police officer F, etc. judged that the defendant could avoid disturbance under the influence of alcohol and that the protective measure is necessary because his place of residence cannot be known, and the defendant was accompanied by the police box of the Sejong Police Station E in the Sejong City of H by burning the defendant to the police box of the Sejong Police Station.

From 01:30 to 01:52 on the same day, the Defendant committed assault, such as: (a) one time by flick hand, when verifying his identity, such as personal information, etc. for returning home within the police box in question; (b) one time to sloping G; (c) two times to sloping G, and (d) to walk the sloping part of the slope G due to the left edge; and (c) to sloping F and sloping G with arms.

Accordingly, the defendant interfered with the legitimate execution of duties on the protective measures of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement related to slope G;

1. A balance sheet of the preceding F and slope G;

1. Application of the Acts and subordinate statutes of Chapter 5 to the 112 Report Processing Manual, the E police box service log, the photograph (fafe, such as the scene of crime, etc.)

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Although the crime of this case was committed by assaulting police officers for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which obstructed the performance of their official duties, this case’s crime is not easy. However, the Defendant is an initial criminal with no criminal history, and the Defendant appears to have committed any contingent crime by drinking, all of which are committed.

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