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(영문) 대구지방법원 2019.02.21 2018고단6038

공무집행방해등

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

1. Around 00:10 on December 7, 2018, the Defendant damaged the property by gathering two marbing marns in the market price owned by the victim C, which was operated by the victim C, in Yongcheon-si, Youngcheon-si, without any particular reason, under the influence of alcohol.

2. The Defendant committed an assault, at the above date and time, at the place of the obstruction of performance of official duties, and at the same time and place, the Defendant reported the above disturbance 112 and sent to the scene, and the Defendant requested the Defendant to return home to the Defendant, and the police officer of the Yongcheon Police Station D police station, who called “I knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes to report internal investigation (on-site photographs and photographs of victims of violence), investigation reports (verification of CCTV images recorded for crime prevention), investigation reports (verification of whether they are on duty in a police box);

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for the crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The punishment shall be determined as ordered in consideration of the various circumstances shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, etc., as well as the circumstances indicated in the pleadings of the instant case, in order to establish the legal order of the State and eradicate the light of the public authority: The confession and reflect the commission of the crime of obstruction of performance of official duties; the degree of obstruction of performance of official duties is not much serious; the victim of the damage to property; the first offender appears to have been agreed with the victim of the damage to property;