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(영문) 대구지방법원 서부지원 2018.06.19 2017고단3179

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On December 18, 2017, at around 23:50, the Defendant: (a) received a report from 112 on the front of Seo-gu, Seo-gu, Daegu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Police Station D police box sent to the site, and was asked questions about personal information, etc. from E officers assigned to the scene, and assaulted the face of the said police officer at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Place of work;

1. Application of Acts and subordinate statutes opticians and opticians;

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

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 of the Provisional Payment Order is that the defendant committed a crime of this kind, but he did not commit a repeated act even though he committed a crime, and did not assault the police officer dispatched after receiving a report concerning the defendant's disturbance, and his liability for such crime is minor.

However, the Defendant’s perception of committing the instant crime is against the police officer, and the degree of force that the Defendant exercised against the police officer is relatively excessive, and the Defendant’s wife is considered as favorable under the mutual consent between the victimized police officer and the police officer and the police officer.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.