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(영문) 대전지방법원 서산지원 2017.09.15 2017고단525
특수공무집행방해
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 May 4, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment for an indecent act, etc. in the Seosan Branch of the Daejeon District Court on August 4, 2016, and the said judgment became final and conclusive on February 22, 2017, and is currently under suspended sentence.

On March 17, 2017, the Defendant, within the Jin-si Police Station Cdistrict located in Jin-si, Jin-si, B around 19:20 on March 17, 2017, had been punished due to the said forced indecent act, and obstructed the police officer’s legitimate performance of duties concerning the police officer’s service and the handling of the case by carrying dangerous articles with him, by carrying with him a view to “to throw away knife knife” while serving as a police officer D and E while on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to CCTV-cap photographs and seized photographs, earth booms, video CDs, CDs, investigation reports (satellite photographs and tT sphographs attached thereto);

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (such as the fact that it appears to be a contingent crime under the influence of alcohol, the degree of interference is not severe, the fact that there is no record of punishment for interference with the execution of official duties, and the reflection thereof, etc.);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime, the following facts are examined. According to the records, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime, but the Defendant’s behavior before and after committing the instant case.

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