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(영문) 대전지방법원 2018.08.13 2018고단1851
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On February 3, 2018, the Defendant, at around 02:30 on the main point of “E” located in Seo-gu, Seo-gu, Seoul Special Violence: (a) allowed another customer F (P) who was seated in the next place while drinking alcohol, to drinking alcohol; (b) allowed the victim to refuse it; (c) 3 times the victim’s head head head ; and (d) assaulted three times the victim’s head fluor with an empty disease, which is a dangerous thing in the said place.

2. Around 02:50 on the same day, the Defendant assaulted the victim with his face at his hand on three occasions on the ground that the victim G (30 years of age) who was another customer, was satisfing the above satisfing, and was satfing the Defendant at the above 02:50 on the same day.

3. 공무집행 방해 피고인은 제 1 항 같은 날 03:25 경 위 ‘E’ 주점 앞 노상에서, 위와 같은 폭행 사건 신고를 받고 출동한 대전 서부 경찰서 H 지구대 소속 경찰관인 I(56 세) 가 피고인을 진정시키며 사건 경위를 질문하자 “ 저 쌍놈의 새끼 ”라고 욕설을 하면서 오른발로 위 I의 왼쪽 허벅지 부위를 1회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, I, and J;

1. Application of the Acts and subordinate statutes governing the initial measures to be taken against the occurrence of a crime of violence, arrest report, internal investigation report, and the handling of reported cases;

1. Relevant Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 261 of the Criminal Act (the point of special violence), Article 260(1) of the Criminal Act (the point of violence), the selection of fines for the crime;

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

1. The Defendant’s criminal liability is light to the following: (a) under the influence of alcohol at the main point of the sentencing of Article 334(1) of the Criminal Procedure Act, such as assaulting a future customer on the ground of illness; and (b) assaulting a police officer dispatched upon receipt of a report to the police officer, etc.

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