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(영문) 대전지방법원 서산지원 2018.09.06 2018고단547
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 02:20 on May 2, 2018, the Defendant: “No taxi customer under the influence of alcohol is locked;” upon receiving a report from 112, the Defendant expressed his/her desire to “I am home to the police officer” to “I am home from the police officer affiliated with the police box of the police station C, which called “I am under the influence of alcohol”; “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to field photographs, cellular videos and CDs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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 does not mean that the defendant takes a bath to police officers in the course of performing official duties and assaults them to interfere with their performance of duties. However, all of his/her errors are recognized, and there is no serious criminal record other than fines imposed twice for other types of crimes, the degree of assault used by police officers is relatively excessive, and the punishment is determined as ordered by taking into account the following factors: the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

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