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(영문) 대전지방법원 2018.07.05 2018고단1376
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 4, 2018, the Defendant, at around 01:45, assaulted “D” front of Seo-gu Daejeon, Seo-gu, Daejeon, by having received 112 reports, on the “masts by male,” the Defendant, who was asked questions about personal information, etc. from the slopeF belonging to the Daejeon Police Station E-gu, Daejeon, where he was called, and who was able to ask questions about the above F’s back head and other parts at one time.

Accordingly, the Defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H and I;

1. Application of the law of the police statement protocol to F;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires a mistake of the defendant, and there is no criminal record exceeding a fine due to road violations, and indicates that the defendant’s failure to commit the instant crime against the police officer is a minor punishment for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority. However, the instant crime obstructing the performance of official duties against the police officer needs to be strictly punished for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority, and the degree of the tangible power exercised against the victimized police officer

shall not be deemed to exist.

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