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(영문) 전주지방법원 2017.06.30 2017고단786
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 21, 2017, the Defendant: (a) 112 reported at the front roads located in Seojin-gu Seoul Special Metropolitan City C on March 21, 2017; and (b) on March 21, 2017; and (c) the police officer of the police box affiliated with the police station E-abstation, who was called out, was under the influence of alcohol.

Mauritius will be Mauritius.

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아무 것도 아닌 놈이, 한 놈은 신 삥 이네, 멍청한 새끼, 개새끼 어린 놈이 어디서’ 라며 욕설을 하고, 오른손 손바닥으로 위 F의 얼굴을 1회 때리고, 왼발로 왼쪽 다리 부위를 1회 차 피해자 F에게 약 2 주간의 치료가 필요한 안면 부의 부종 및 타박상 등의 상해를 가하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written diagnosis of injury;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning 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. The crime of obstructing the performance of official duties is not good because of unfavorable circumstances to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, etc.

The favorable circumstances include the fact that the Defendant recognizes all of the instant crimes, the injury suffered by the victim is relatively minor, the Defendant has no record of criminal punishment, as well as the fine due to the instant crime, and the Defendant does not want the punishment of the Defendant by mutual consent with the victim.

Article 51 of the Criminal Act that is shown in the records of this case, such as the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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