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(영문) 대구지방법원 포항지원 2017.11.15 2017고단1202

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2017, the Defendant was under the influence of “C” in front of “C in Southern-gu, Southern-gu, at the port of port,” and was under the influence of alcohol in front of “C” on the street, and the Defendant heard the horses “C” from E, a police box affiliated with the police box of the Southern Port Police Station D, dispatched upon receipt of the 112 report, and brought about the said police officer to the point of being discharged by the Defendant.

“In doing so, I took one time the face of the police officer at his/her hand while taking the bath.”

As a result, the defendant interfered with legitimate execution of duties by the police officer on dispatch to the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. Unfavorable circumstances: The appearance of a police officer who wears a uniform without any particular reason is the light of public authority and the need to strictly cope with it is highly favorable: contingent crimes; it is the primary student of the society that has become adult; it has no other criminal record other than the one-time juvenile protective disposition.