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(영문) 대전지방법원 서산지원 2015.08.13 2015고단436
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 21, 2015, at around 22:14, the Defendant: (a) received a report that a drunk person was used on the way in front of the “Ccafeteria” in Jinjin-si B; (b) heard the horses to return home from the slope E, or policeman F, belonging to the D District of the Jinjin Police Station, called “Yin Jinjin-si,” and assaulted the Defendant, i.e., walking the part of the slope E, one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to notify a copy of the work log and a department related to the report of the case;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is recognized that the crime is not good by assaulting a police officer to have the defendant returned home with his mind about his safety in the sentencing of Article 334(1) of the Criminal Procedure Act, but the defendant committed the crime of this case under the influence of alcohol, which seriously reflects his mistake, and the defendant did not have any criminal record on two occasions as a fine, and all the sentencing conditions stated in the records and arguments of this case, including the fact that the defendant was punished twice by a fine, and the defendant did not have any other criminal record, shall be determined the same as the order.

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