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(영문) 청주지방법원 영동지원 2018.05.03 2018고단30
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

The Defendant, around 07:00 on December 16, 2017, 161, was under the influence of alcohol on the road A of the Daegu Jung-gu, Daegu-gu, and 161 on December 16, 201, the Grand Mangion apartment A was under the influence of alcohol.

B During the 112 Report of B 07:30 on the same day, the police officer of the Jung-gu Police Station of the Daegu Police Station, who was assaulted by B, received the statement from D, “I ambling out, I ambling, I amben, I amben, I amben, I amben, I amben, I amben, I amben, I amben, I amben, I amben, I amben.”

Accordingly, the defendant interfered with the maintenance of the order of police officers and legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and B;

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;

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (negative) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) in the instant case is that the crime obstructing the performance of official duties, such as the instant case, is not against the nature of the crime detrimental to the function of the State by nullifying the legitimate exercise

The defendant did not receive a letter from the damaged police officer.

[The favorable circumstances] The Defendant appears to be against the view of committing the instant crime.

Although the defendant did not reach the state of mental and physical weakness at the time of committing the crime, he seems to have committed the crime of this case due to the reason that he had drinking alcohol and lost self-defense power.

The degree of assault or obstruction of official duties by the defendant was not so heavy.

I seem to appear.

In addition to the punishment of a fine for a crime of foreign species in 2012, the defendant has no record of criminal punishment other than the punishment of a fine.

In addition, the sentencing conditions, etc. revealed in the trial process of this case, including the defendant's age and reputation, character and conduct, environment, health status, family relationship, and circumstances after the crime, shall be determined as ordered.

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