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(영문) 대구지방법원 2015.08.27 2015고단3207

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 8, 2015, at around 06:35, the Defendant: (a) arrested a flagrant offender as a suspicion of property damage and damage by the Daegu Southern Police Station E District Police Station E District F, which was in dispute with D, prior to the C cafeteria located in Daegu-gu, Daegu-gu, and called “Woo, the police,” and assaulted the F F’s police gate by “Woo, Ikh, Ikh, Ikh, Ikh, Ikh, Ikkh, knk, Ikh, and kn the F’s police gate as his hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of statutes on site photographs;

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

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse does not apply the sentencing guidelines (whether or not to apply the sentencing guidelines). The sentencing guidelines are not applicable in full view of the following circumstances: (a) the degree of assault is minor; (b) the Defendant’s mistake is divided and reflected; (c) the Defendant’s primary offender is the primary offender; and (d) the motive, background, means and method of the instant crime; (d) the circumstances before and after the instant crime; and (e) other various circumstances, including the Defendant’s age, character, behavior, career, and environment, etc.