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(영문) 대전지방법원 2014.12.18 2014고단3541
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 28, 2014, around 04:05, the Defendant insultd victims openly, including, but not limited to, “A”, “A”, “A”, “A”, “A”, “A”, “A”, “A”, “A”, “A”, and “I”, and “Apcomprising I, anywhere I,” as a police official belonging to the Yongsan Police Station E-gu Seoul Special Metropolitan City, Seo-gu, Daejeon Special Metropolitan City, upon receipt of 112 reports to the Defendant.

2. On September 28, 2014, around 04:05, the Defendant interfered with the performance of official duties, in front of the “D” adjacent to the outdoor parking lot of the above C building, the Defendant assaulted the victim G (Nam, 39 years old), a slope belonging to the Busan Police Station E District Unit, who was dispatched after receiving the 112 report, on the part of the Defendant, on the part of the Defendant’s shoulder, and obstructed the police officer’s legitimate execution of duties concerning the dispatch of the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, F, and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act 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 ordinary concurrent crimes (with respect to the offense of insultment)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The dismissal of public prosecution in consideration of various conditions of sentencing, such as reflectivity, contingent crimes, motive and circumstance leading to a crime, degree of damage, effort to recover damage (a deposit with the victim police officers in each amount of KRW 500,000), the defendant's age and occupation, character and conduct, environment, etc., without any past record of criminal punishment two times the reason for sentencing under Article 62 (1) of the Criminal Act;

1. On September 28, 2014, around 04:00 on September 28, 2014, the Defendant was divided into two parts of the charges on the ground that the Defendant was faced with the Defendant’s arms at the rear of the outdoor parking lot of the Seo-gu Daejeon Daejeon District, Seo-gu Seoul Special Metropolitan City, and at the rear border of the J-learning car driven by the victim H (Nam and 29 years old).

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