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(영문) 대구지방법원 2016.08.09 2016고단2397

공무집행방해

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On June 1, 2016, at the front of the C District in Daegu-gu, Daegu-gu, around 22:05, the Defendant, upon receiving a report that he did not pay a taxi fee in a taxi, expressed that he was “to disclose the purpose or to pay a taxi fee” from D in the circumstances belonging to the Daegu Southern Police Station C District of the Daegu-gu Police Station, which called “I am to disclose the purpose or to pay a taxi fee,” and expressed his desire to “I am to do so, I am to drink, I am to do so.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing favorable to the order of provisional payment - There are no criminal records of reflectivity, suspended sentence or any other criminal records beyond a prison sentence - Unfavorable circumstances: Four times before and after a fine, including interference with business affairs - All other factors of sentencing specified in the records