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(영문) 대구지방법원 경주지원 2018.05.10 2018고단210

공무집행방해

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 22:00 on March 15, 2018, recommended that “A” of the operation of the C, which is located in B on March 15, 2018, should not be paid even after ordering alcoholic beverages and spawn, and that C’s 112 report should be calculated by calculating the drinking value and returning to Korea from the police officer F of the 1 Team affiliated with the 1st Team of the race police station, the police officer of the racing police station, who was called upon receipt of the report by C, and from G of the spawn, shall not calculate the drinking value.

"", as a hand, the chest of G was tried to flee from the above main point after having a frightened the chest of G one time by hand, and was arrested by a flagrant offender from G, the head debt of G was frighted by his hand, and the part was under the left eye of G was frighted by his hand.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by C and G police statements;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer dispatched after receiving a report by a person without prison labor, thereby obstructing the legitimate performance of official duties.

However, the defendant recognized the crime of this case and reflected it.

There is no criminal history of criminal punishment or fine or heavier punishment against a defendant for an violent crime.

After the crime of this case was committed, the victim police officer was found to have been aware of the head's death.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.