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(영문) 대전지방법원 2019.09.19 2019고단1744
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 April 14, 2019, at around 05:30, the Defendant committed assault, such as, in order to investigate the case of assault by a singing practice room in Seo-gu, Daejeon, Seo-gu, Daejeon, the Defendant: (a) during entering the said district group D along with C District Police Officer D; and (b) during entering the said district group, “Is the victim, who will come to her seat. Is the victim,” and “Is the victim, who will come to her seat. Is the body of D two times in two hands, and the body of D when Is the body of the victim was pusheded at one time.”

As a result, the defendant interfered with police officers' legitimate execution of their duties in relation to police officers' criminal investigations and global service.

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 the C District Work Place, video CD-related Acts and subordinate statutes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment is that the instant crime interferes with police officers’ duties and is not good for committing a crime that considers the legal order and the public authority.

However, since the Defendant had pushed the upper body of police officers twice and the assault on the upper body was generated in the process of pushing the upper body, the degree of force exercised is relatively heavy.

There was no significant result of the instant crime.

The defendant has only been punished by a fine for a crime of double-class.

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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