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(영문) 대전지방법원 2014.12.12 2014고단3389
공무집행방해
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to two years of imprisonment for the crime of indecent act by force at the Daejeon District Court on June 11, 201, and the judgment became final and conclusive on June 19, 2014, and is currently under probation period.

At around 10:50 on September 26, 2014, the Defendant expressed a desire to all women in front of the D coffee shop in Seo-gu Daejeon, Seo-gu, Daejeon, by putting all the boxes off, breaking a dangerous small-scale disease, breaking a dangerous small-scale disease (50cm in length) with an Aminium f, who was called upon the report of 112, was trying to cut the above Aminium by F, who was in the position of the Daejeon District E District District of the Daejeon Police Station, Daejeon, and tried to remove the Defendant, “In order for the Defendant to make the above Aminium at now,” and the Defendant was trying to put the above Aminium at the time when she puts the above Aminium in a threat that “I am dead and discarded.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reports and the restraint of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Service personnel with aluminium;

1. On-site photographs;

1. Application of statutes governing judgment;

1. Article 136 (1) of the Criminal Act applicable to the crime, the selection of a fine (including reflectivity, deposit, partial details of the crime, health conditions, etc.);

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

1. The defense counsel's assertion and determination of the counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that at the time of the crime of this case, the mental illness of breathetic disorder was in a state of mental disorder.

According to the records, the defendant was treated as a mental illness of a stimulative disorder until May 2014, which was before the crime of this case, and the defendant was deemed to have weak ability or decision-making ability to discern things due to drinking, etc., although drinking was recognized at the time of the crime of this case.

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