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(영문) 대전지방법원 2014.11.28 2014고단3314
공무집행방해
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 26, 2012, the Defendant was sentenced to one year to imprisonment for a violation of the Road Traffic Act (Refusal of measurement) at the Youngju District Court’s Young-dong branch on December 26, 2012, and completed the execution of the sentence on December 25, 2013.

On October 4, 2014, at around 22:55, the Defendant was recommended to pay taxi charges and return home from E in the circumstances of the Daejeon East Police Station D District in which he was called, upon receiving a report from a taxi engineer that he did not pay taxi charges in front of the Daejeon Dong-gu, Daejeon.

The Defendant committed assault to E, “I,” on the floor of hand, twice the chest part of E with the hand, and assaulting F’s chest part of F by verbal abuse to F, etc. to the police officers belonging to the same district group who restrains these acts, thereby obstructing police officers’ legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to EF;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of an alternative fine for punishment;

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

1. Violence of reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Punishment shall be imposed only once by a fine, taking into account the following factors: one time of a sentence of punishment (197), two times of a suspended sentence (2 times of a repeated crime before 1998), two times of a suspended sentence (207) (2 times of a fine before 2007), seven times of a fine (10 months after release) and one time of a repeated crime of this kind (10 months of a fine). However, multiple police officers have committed a crime of obstructing the performance of official duties during the period of seven times of a fine, but there is no same history as a contingent crime, all of the criminal records related to violence are long, and they have contributed to the recovery of some damage by the victimized police officers (300,000 won each time of a fine).

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