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(영문) 대구지방법원 의성지원 2018.11.01 2018고단156

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 3, 2018, from around 17:30 to 17:45, the Defendant: (a) was recommended from F to “D convenience stores” in Yongcheon-si; (b) the Defendant was able to pay taxi expenses and return to house” from F to F of the police box belonging to the Youngcheon Police Station E branch of Youngcheon Police Station, which received the report of urgent mobilization of Si guard due to the issue of payment of taxi expenses; (c) the Defendant was able to take the f’s left part of the F’s left part by carrying the f’s hand while carrying the f’s character and bath, and f’s chest part was tightly pushed back on two consecutive occasions; and (d) the Defendant continued to take over the f’s chest to another police officer, and did so by getting the Defendant take over the f’s seat to the f’s back of the f’s patrol, and tried to boom the F’s back to the f’s left part of the f’s back part of the f patrol.

Accordingly, the defendant, by force, interfered with the legitimate execution of duties of police officers concerning the handling of reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV outputs, work logs, details of processing reported cases, application of Acts and subordinate statutes;

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 factors indicated in the pleadings of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, such as the circumstances after the crime.

The favorable circumstances: The defendant acknowledges and repents his mistake, and the damage caused by the crime of this case is minor, and the damaged police officer wants to take the seat of the defendant.

Unfavorable circumstances: The defendant has been punished twice (one time of imprisonment, one time of fine) due to violent crimes, and the period of repeated crimes.