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(영문) 대전지방법원 천안지원 2017.11.03 2017고단689
공무집행방해
Text

Defendants shall be punished by a fine of four million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 22, 2017, the Defendants: (a) found the Defendants as customers in the Esing practice place located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) demanded the players to put a horse to the players; and (c) caused them to wear a horse.

After all, the report of the purport that the customer gets a walked was sent to the police officer, who is a police officer belonging to the Nowon-gu North Korean Police Station F District, and the defendant A sent a bath to her home, and the defendant A assaulted the Ha's chest with his hand while taking a bath, and the defendant B assaulted the police officer belonging to the same district group with his hand.

As a result, the Defendants conspired, and assaulted G and H who are police officials in charge of the 112 reported case.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police statement law to G and H, I, and J respectively;

1. The Defendants: Articles 136(1) and 30 of the Criminal Act and the choice of a fine for the crime

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act was that the Defendants expressed a desire to the police officer in uniform and committed violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

However, the defendants seem to have been somewhat in the state of being under the influence of alcohol at the time, and are currently being treated for the improvement of drinking habits.

There is no criminal punishment exceeding a fine, and currently recognize and reflects their errors.

The degree of assault against police officers is serious.

shall not be deemed to exist.

In addition, the defendants' age, sex, environment, background of crime, and post-crime.

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