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(영문) 대전지방법원 서산지원 2016.01.05 2015고단836
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 29, 2015, the Defendant: (a) took a bath, such as “the police officer belonging to the Seosan Police Station Diplomatic Police Station,” who was sent to the Defendant after receiving the said C’s report, performed a bath to remove the Defendant and C on July 29, 2015, the Defendant: (b) carried the flaps of the said E in both hands; (c) carried the flaps; and (d) tried to commit the act of assaulting F with the arms and trees of F; and (e) carried the flaps; and (e) took the flaps of the said box, and (e) took the flaps and trees of F; and (e) took the flapsing the F as his hand, and (e) took the flaps of the said G.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol to C, G, and E

1. Article 136 (1) of the Criminal Act concerning 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. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, upon recognizing that the defendant is a police officer who works in prison and is working in public duty, is not good, is unfavorable to the defendant. The fact that the defendant is against his own crime, and that the defendant has no criminal record after 197, is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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