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(영문) 대전지방법원 서산지원 2016.04.01 2016고단73
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 25, 2016, at around 00:45, the Defendant: (a) observed that the said car was parked in a snowway and stopped in order to verify the circumstances of the driver’s drinking, and (b) obstructed the car in order to measure drinking against C after having known the driver’s drinking driving, and (c) assaulted F’s body two times in body with the body of the Defendant, “F was pushed,” and “F was driven by the driver.”

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A crime interfering with the functions of the State or public agencies and is against the good condition: the degree of violence is minor, the primary crime is the defendant's age, environment, sex, motive, means and consequence of the crime, and all factors of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the following factors.

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