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(영문) 대전지방법원 2019.03.21 2018고단4599
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Under the influence of alcohol, the Defendant committed the following crimes under the influence of alcohol that lacks the ability to discern things or make decisions:

1. On October 22, 2018, the Defendant: (a) was under the influence of alcohol in front of the “C” located in Sejong City B on the street on the 19:10 on October 22, 2018; (b) took a bath, such as the defect that the E and security guard F, of the Sejong Police Station D District of the Sejong Police Station called out upon receipt of the 112 report, intends to cause the Defendant to shoulder the Defendant for the safety of the Defendant; and (c) assaulted the Defendant on the part of the Defendant on the part of the instant F one time to walk on the part of the Defendant, thereby interfering with the police officer’s legitimate performance of duties in handling the 112 reported case.

2. While the Defendant’s insultd the victim E with citizens G, etc. at the date, time, time, and place indicated in the foregoing paragraph (1), the Defendant publicly insultingd the victim E by referring to “Cins, police officers do not need to do so, and there is no need to do so,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to a investigative report (Attachment to a famp and video CD), on-site photographs taken by a police officer in call out, and investigation reports (person G telephone conversations);

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act (a person with a mental disability caused by an exploitation);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of the crimes of obstruction of performance of official duties, which are heavier than the punishment, shall be added] among concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect all the errors of the defendant concerning the crime of this case, the defendant has no record of criminal punishment in the past, economic situation, family relation, etc.

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