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(영문) 대전지방법원 천안지원 2017.04.20 2017고단522
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 27, 2017, when the Defendant was under the influence of alcohol in front of the Seo-gu Seoul Building, Seo-gu, Seocheon-gu, Seocheon-si, the Defendant, upon receipt of 112 reports, and used the Defendant’s address and personal information to E at the border of the Seo-gu, Seocheon-gu Police Station D Zone E, Seocheon-gu, Seoul, which was trying to identify the Defendant’s address and personal information, and used the Defendant to spite and take the Defendant’s right-hand face at one time, without any justifiable reason.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the handling of reported case E-12.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and against the Defendant’s mistake, the primary offender, the fact that the victimized police officer and the Defendant agreed smoothly with the victimized police officer, and other factors indicated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions indicated in the arguments of the instant

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