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(영문) 대전지방법원 2018.12.20 2018고단3353
공무집행방해
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 September 3, 2018, in Seo-gu, Daejeon District, Daejeon, the Defendant arrived at the said District by having a taxi driver, who was under the influence of alcohol and did not accurately speak at the destination while getting on and off a taxi. On September 3, 2018, the Defendant asked the Defendant, who was a policeman affiliated with the said District, on several occasions, at the Defendant’s residence. However, as the Defendant did not respond properly under the influence of alcohol, he did not ask the Defendant for a proper answer, and upon obtaining the Defendant’s consent, carried D’s chest on one occasion on one hand with the Defendant’s own hand in order to verify the identification card on the part of the Defendant, and it was found that D attempted to inquire the Defendant of his identification card through the police officer, and that D attempted to return it to the Defendant’s identification card.

" ......... .........." means a part of the left face of drinking D.

Accordingly, the defendant assaulted police officers and interfered with police officers' legitimate performance of their official duties in relation to global situation service, such as safe home home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes, such as work site in C District;

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

1. Although the punishment for the crime is not less severe by assaulting the landscape called upon receiving a report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment for the crime is determined as ordered by taking into account the following factors: (a) the same power or fine has not been served three times; (b) the fact that there is no criminal history since 1998; (c) the fact that it appears to be obvious that it appears to be a contingency crime under the influence of alcohol, (d) the degree of assault appears not to be excessive; (b) the fact that the mistake is unspared and reflected in depth; and (c) the defendant's age, family environment, sexual behavior, etc.

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