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(영문) 대구지방법원 김천지원 2015.10.08 2014고단1060

공무집행방해

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On September 27, 2014, around 21:18, the Defendant: (a) was under the influence of alcohol in front C in the Gumi-si B; (b) was under the influence of alcohol in front of C, and was under the influence of disturbance, and was under the control of E from the circumstances E, etc. belonging to the zone of the Gumi police station, which received a report of 112, and led E to a humbing and threatening E to “wwk kwk kw kk.”

Accordingly, the defendant was arrested as a flagrant offender at around 21:25 on the same day and boarded on the back seat of the patrol vehicle, but E was time off the right side of E with a third party's own drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning reporting duties and suppression of crimes by police officers.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Selection of a fine by taking into account the relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of a fine (the amount shall be determined by taking into account the fact that there is no record of punishment exceeding a fine, the arrest of a flagrant offender, and the fact that the person is erroneous when he/she undergoes an investigation after he/she was detained, and that he/she appears to have committed a crime. However, the amount shall be determined by taking into account the fact

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

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