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(영문) 대전지방법원 천안지원 2015.09.07 2015고단1164
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

At around 02:30 on July 4, 2015, the Defendant: (a) was drunkly under the influence of alcohol at the Naran University’s Domp University, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) expressed that C, who was dispatched upon receipt of a report from 112, tried to see the face of the above C as “this sprinke” in order for the Defendant to return home by home; and (c) tried to stop a cab in the aftermath; and (d) assaulted C on his own hand at one time to take the left face of C.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the protection of people's life and body by handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order* The crime of this case constitutes the mitigated area (one month to eight months, and the degree of violence, intimidation, and deceptive scheme is minor).

* Meanwhile, the Defendant did not have any record of crime other than the fine imposed due to drunk driving, and the instant crime is judged to have committed a contingent crime due to drunk driving, reflects the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., and is somewhat harsh if the Defendant selects imprisonment as a result of the commission of the crime in consideration of the Defendant’s age, character and conduct, circumstances after the crime, etc.

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