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(영문) 대전지방법원 서산지원 2015.11.27 2015고단858
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 22, 2015, at around 01:15, the Defendant received 112 report while drinking alcohol in front of E 303 residing in the Defendant’s male-friendly Gu located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and received a restraint from G police officers assigned to the police box of the relevant police station who called out after receiving 112 report.

피고인은 위 G이 휴대용 단말기를 이용하여 피고인의 인적사항을 확인하는 과정에서 눈이 마주치자 “뭘 봐, 이 씹할 새끼야”라고 욕설을 하면서 위 G의 멱살을 잡아 밀쳐 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant takes a bath to a police officer in the course of performing official duties, and uses violence, and the nature of the crime was not good, the victim did not reach an agreement with the victim, and the victim did not recover from the damage, and the fact that the victim did not reach an agreement with the victim is disadvantageous, and the defendant does not have a criminal record except that sentenced to a fine due to driving without a license in 201, and that the degree of damage was not serious.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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