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(영문) 대전지방법원 서산지원 2018.05.31 2018고단257
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 18, 2017, the Defendant: “C” at the main point of “C” located in Jinsi-si B, Jinsi-si on December 18, 2017; and “C” at the time when the Defendant was asked questions about the instant situation from the police officer E belonging to the police officer of the Jin-si Police Station D police station, who was called upon 112 after receiving a report, the Defendant took a bath to “C spawn” while under the influence of alcohol and took a bath to the police officer at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of work places in the D District and the settlement of reported cases;

1. A criminal report (Attachment of a personal cellphone or video CD), a CD;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant crime is not that of the Defendant’s liability for the crime in light of the type of the instant crime.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the defendant seems to be guilty as well as to seriously reflect the defendant's mistake; (b) there is no record of punishment for the same kind of crime; (c) the degree of assault is not much serious; and (d) the age, sex, intelligence and environment of the defendant; and (e) the circumstances of the crime in this case and the circumstances after the crime, etc.

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