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(영문) 대전지방법원 공주지원 2018.11.23 2018고단396
공무집행방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who serves as a social service personnel in a high school administrative office B.

At around 03:57 on May 17, 2018, the Defendant, “D,” in front of “D” located in “A” in “A” in “A”, and “A person, who was called upon 112, expressed a desire to take care of the police officer in front of “D,” and “A person, who was called upon 112, was sent to the police officer, and the police officer, who was sent to the police officer, was able to take care of the Defendant who was forced to take care of the police officer, and who was forced to take care of the police officer, and who was able to take care of the police officer, and was able to come home, without any reason, by drinking.”

Accordingly, the police officers' legitimate execution of duties related to the handling of Defendant 112 reports, crime prevention, suppression, investigation, etc. were hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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

1. The ordinary concurrent prosecutor was prosecuted for a single crime of obstructing the performance of official duties.

However, in the instant case, assault against F and G was committed at the same time at the same place (see Supreme Court Decision 2009Do3505, Jun. 25, 2009). Articles 40 and 50 of the Criminal Act

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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