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(영문) 대전지방법원 2017.01.18 2016고단3189
공무집행방해
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of CM5 car, and D is a public official of Grade E in the position of local hours selection as a parking management official of the Gu office in Daejeon Metropolitan City E-gu.

피고인은 2016. 6. 8. 09:01 경 대전 F 앞 도로에 주차된 위 C 승용차에 대하여 D가 불법 주정 차 차량으로 스티커를 붙이고 단속한 것에 불만을 품고, D가 반대편에 불법 주차 된 G 차량의 위반내용을 카메라로 촬영하려 하자, D의 앞을 가로막으며, “ 왜 내 차를 방금 세워 놨는데 단속하냐,

The body used D's chests to prevent control by putting a bath while regulating the parking of dogs or harming them through life, and assaulting D's breasts to prevent them from regulating.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on parking of public officials.

Summary of Evidence

1. Legal statement of the defendant on the second day;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) takes into account unfavorable circumstances, such as the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good for the instant crime; (b) the fact that the injured public official is seeking the punishment of the Defendant.

The fact that there are no criminal records of the same kind and no other criminal records of the fine, and the degree of the criminal records exercised by the defendant is significant.

Considering favorable circumstances such as difficult points, etc.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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