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Reasons
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(영문) 대전지방법원 천안지원 2019.10.23 2019고단1842
공무집행방해
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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

At around 02:05 on July 19, 2019, the Defendant: (a) informed the Defendant’s personal information, such as E, who is a police official belonging to the Seoanbukbuk Police Station D police box called “a taxi engineer, who is drunk male under the influence of alcohol, and will do so; (b) discovered the Defendant’s personal information; (c) came into governance of F. G, Cho Jae-hae; (d) discovered the Defendant’s reputation; (c) discovered the Defendant’s identity; and (d) discovered the Defendant’s personal information by using assaulting the victimized police officer two times in his/her hand; and (e) discovered the f.h. governance; (d) discovered who would have come to know; (c) threatened him/her to his/her social position; and (e) interfered with the legitimate performance of duties concerning the handling of the above report by using assaulting the police officer two times in his/her face, who is a victimized police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. I's self-statement;

1. Report on internal investigation (the details of telephone communications of taxi engineers);

1. 112 Application of Acts and subordinate statutes of the 112 Report Processing Table;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. In this case, the sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order shall be determined as per the order in consideration of the following: (a) the accused is not likely to have used violence against a police officer in the course of performing official duties; (b) the accused deposited one million won for the police officer E; (c) the accused has recognized and reflected a crime; and (d) the accused has no same military force.

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