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(영문) 대전지방법원 2014.09.17 2014고정1197
공무집행방해
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On May 7, 2014, at around 06:50, the Defendant entered a 112 report that he was in a bus No. 114, Seosung-gu, Daejeon, Seosung-gu, Daejeon, and confirmed the address of the Defendant under the influence of alcohol by sending it to the site, and was placed in the Daejeon P5 complex D 5, 402, Seosung-gu, Daejeon, Daejeon, Daejeon, about 112 patrols at the site.

On May 7, 2014, at around 07:22, the Defendant: (a) assaulted the chests of the C (Nam, South, 39 years old) of the Defendant, the victim, on a multiple occasions in front of the Daejeon U.S. D 5 Complex 5, 508 Dong 402, 402, and without any justifiable reason, obstructed the legitimate performance of duties by the police officer, such as when the victim slope E continuously gets out of the elevator and opened the entrance of 508 entrance, following the Defendant’s slope E is called as “whether it is a police officer or not, or not, trust it is believed that it is difficult; and (b) the Defendant pushed off the face; and (c) the Defendant interfered with the legitimate performance of duties by the police officer, such as when the victim slope E takes out the elevator at the port four times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The statutory punishment of the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is imprisonment with prison labor for not more than five years or with a fine not exceeding ten million won. Although the nature of the instant crime is somewhat less than that of a police officer performing official duties by obsing and assaulting a police officer who is performing official duties, the Defendant is seriously against the Defendant, and the parent has never committed any crime before, and the parent is a primary offender who has never committed any crime. In light of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, occupation, environment, background of the instant crime, details, and circumstances after the crime, it is determined that it is appropriate to be punished by a fine of two million won. It is so ordered as per Disposition.

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