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(영문) 대전지방법원 2019.05.09 2018고단4177
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

At around 19:30 on November 15, 2018, the Defendant, upon receiving a report on the 112th of the Daejeon Taedong-gu B apartment corridor, stating, “I would like to make an elevator fright and enter the house.” In doing so, the Defendant assaulted D’s shoulder at one time at the right hand with the front hand after having pushed off the D’s shoulder as follows: “I am, I am a bitch, I am a bitch, I am a bitch, I am a bitch, I am a bitch, I am a bitle, I am a son.”

The Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of statutes to field photographs and photographs of damaged police officers;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. The Defendant assaulted a police officer performing official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is the provisional payment order.

The degree of violence is not easy because the shoulder of police officers is sealed and boomed.

The corresponding punishment is needed for crimes that obstruct police officers' duties and obstruct public authority.

Even though there was a record of punishment several times due to drinking driving, assault, etc., the crime of this case has been committed again.

However, there was no significant result in the defendant's act.

The defendant recognizes his wrong and reflects his wrong.

There is no criminal record for the defendant.

Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.

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