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(영문) 대구지방법원 서부지원 2018.05.03 2017고단2821

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On October 12, 2017, the Defendant: (a) in the Seo-gu Seogu, Daegu, Seo-gu, Seo-gu, (b) “A person who fright to fright at a shop.”

” 는 112 신고를 받고 현장에 출동한 대구 서부 경찰서 D 지구대 소속 순경 E로부터 사건 경위에 대한 질문을 받게 되자 " 씹할 놈 아 내가 니 아버지 뻘인데 가라 이 새끼야 "라고 하면서 손으로 위 순경 E의 가슴을 1회 밀 친 후 멱살을 잡고 흔들었다.

Accordingly, after the police officer prevented the Defendant, he saw that he she saw "the homicide who was murdered in the Republic of Korea (hereinafter referred to as "the police officer") was killed in the Republic of Korea (hereinafter referred to as "the police officer") and landed the left hand hand of the E in the Republic of Korea.

The police officer F may be arrested if the police officer assaults him.

“In the end, the Defendant committed assault, such as cutting down the bather f’s bating and shaking the bats of F, while stating that “The inside of the Republic of Korea was committing a fatson.”

The Defendant: (a) arrested a flagrant offender under suspicion of interference with the performance of official duties by assaulting the police officer E and Inspector F, who was dispatched to the site after receiving the report as above 112; and (b) handed over the criminal guidance office of the Daegu Seo-gu Police Station located in the 249 on the same day as the compensation for the 15:30 on the 15:30 on the 15:30 on the same day, the Defendant she opened the dog attached to the right shoulder of the E, and assaulted the police officer E, such as walking the left-hand lecture of the said patroler, once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act, the selection of fines for criminal facts;

1. the former part of Article 37 of the Criminal Code, and Article 38 Section 1 Section 2 of the Criminal Code, which shall apply mutatis mutandis to concurrent crimes;

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 is likely to be criticized against the Defendant in light of the motive and degree of assault that the Defendant exercised to police officers.

(b).