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(영문) 대전지방법원 2018.08.13 2018고단1606
공무집행방해
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 April 29, 2018, at around 03:55, the Defendant: (a) boarded D taxi operated by C in the neighboring household complex located in Daejeon Jung-gu, Daejeon; (b) 04:0-04:18 on the same day, the Defendant did not speak at C’s destination to the front route of the relevant Dong-gu, Daejeon; (c) continued to engage in a disturbance; (d) the Defendant was urged by C to return home from G, a police officer of the Daejeon Police Station F of the Daejeon District, who was called upon to receive 112 report from C; and (d) the Defendant expressed that “I would be the police officer, who must be the same, and will be the same.” On several occasions, the Defendant expressed that the police officer sprinked the face of the police officer, walked the buck by spiting it into the front route of the relevant Dong-gu, Daejeon-gu, Daejeon-gu, Daejeon; and (d) the Defendant quihing the police officer to the left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

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

1. It has been subject to punishment once as a fine is imposed for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the punishment for the crime, such as taking a serious bath to the police officer dispatched after receiving a report, and assaulting the police officer, etc., is light;

subsection (b) of this section.

Provided, That the punishment shall be determined in the same manner as the disposition, considering the fact that a mistake is against the defendant and there is no previous conviction in the same kind, that a foreigner has a father and her husband, that the husband who is a guardian has to treat the drinking habits of the defendant, the age, family environment, sexual behavior, etc. of the defendant.

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