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(영문) 대전지방법원 2015.03.19 2015고정115
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. The Defendant was under the influence of alcohol, and around November 14:07, 201, the Defendant was unable to drive a C-Addi vehicle owned by the Defendant at the parking lot of the Daejeon Dong-gu Daejeon building B, Daejeon to leave the parking lot and leave the parking lot.

피고인은 차단기가 올라가지 않아도 차 전면부위로 그대로 밀고 진행하였고 그래도 차단기가 올라가지 않아 나갈 수 없게 되자 그곳 경비원과 말다툼을 한 끝에 차단기를 발로 1회 걷어찼다.

Therefore, the defendant was incidental to the above 700,000 won repair cost.

2. The Defendant committed assault, at the same time and at a place as above 1, the Defendant, while making a baton dispute with the victim D (ma, 68 years of age), who is a security guard, demanded compensation for the damaged blocking machine, carried his bat at hand, led him into the baton room, led him into the baton, and continued to bat the bat, bat the head, etc.

3. At around 15:50 on November 6, 2014, the Defendant committed an assault before and after a police officer E, who received a report at the same place as above 15:50, and called out, for the reason that the police officer E, who demanded a drinking test, used “the prevention of fluence,” and assaulted the front and rear sides of the drinking face.

In order to prevent the defendant from escape without complying with the demand for a continuous drinking test, the defendant expressed the desire to "Choee Ma" and assaulted the part of the blue with the arms twice in order to prevent the defendant's escape.

Accordingly, the defendant interfered with the legitimate duties of police officers who want to take a drunk driving test by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements of judicial police officers D and E;

1. Relevant provisions of the Criminal Act and Articles 366, 260 (1), and 136 (1) of the Criminal Act (the point of violence and the choice of fines), which govern the crime, and the choice of punishment;

1. Article 37 of the Criminal Code among concurrent crimes.

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