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(영문) 대전지방법원 2018.04.04 2017고단4125
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant: (a) around the D District Team of the Seosung-gu Daejeon Police Station (Seoul) around 23:55 on September 20, 2017; (b) had a cab engineer and a bath; (c) had a dispute; and (d) had a police officer E, F, and G belonging to the said District; and (c) recommended the Defendant to return home, and (d) recommended the Defendant to return home, “I am back to the police officer.”

Omission is sending a taxi engineer at his/her match.

“Abreting”, and the above E’s her her her her her her her her her her her her her her m

After considering F's face at one time, in order to secure evidence, the part of the sale of the above G while the video is in motion picture, and the chest was used to be sealed.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to E, F, G, and H;

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

1. Although the ordinary concurrent prosecution was prosecuted for a single crime, it appears that it was omitted from the application of the law to the ordinary concurrent crimes caused by mistake (see Supreme Court Decision 2009Do3505, 200) Articles 40 and 50 of the Criminal Act

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of obstructing the performance of official duties is an offense detrimental to the function of the State by nullifying legitimate exercise of public authority, and requires strict punishment.

The favorable circumstances: confession and reflect.

In addition to a crime related to road traffic law, not only four times a fine is imposed, there is no record of being punished for the same crime or a fine exceeding the fine.

Neither child (7 years of age, her offspring) nor child (7 years of age, her offspring) is making efforts to support his/her child with small benefits.

Since the income is less low and the health is not good, excessive fines seems to be a big burden on the defendant.

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