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(영문) 대전지방법원 2017.04.26 2017고단131
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 11, 2016, the Defendant: (a) around 23:20, the Seo-gu Daejeon Daejeon District Court: (b) entered the said restaurant without the influence of alcohol in order to find out a lost mobile phone at an influent place; (c) lent the phone from the restaurant operator to the cell phone; and (d) made several calls from the restaurant operator to his/her cell phone, but did not connect the phone.

Therefore, while the above restaurant operator was called only to the defendant, the defendant refused to do so, and the defendant reported the disturbance to 112 to the victim by 20 minutes.

At around 23:40 on the same day, the Defendant: (a) had a police officer F belonging to the Daejeon Police Station E District, who was called up after receiving a report 112, urged him to wear his personal phone and walked on the Defendant’s mobile phone, but he had a portable phone used by the Defendant to return home to the Defendant who would not have been connected again; (b) had a hand phone carried by the Defendant; (c) had a F’s hand hand plplle, plplle, and pluck up the following arms; and (d) had a police officer G belonging to the same district unit, who was adjacent to the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each amnesty against F and G;

1. Application of the laws and regulations of H and I

1. Article 136 (1) of the Criminal Act applicable to 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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order appears to be a criminal act committed by the defendant, and considering the fact that the defendant has no particular criminal record, other than once a fine is imposed, and that the defendant repents his mistake in depth, a fine shall be imposed as ordered.

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