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(영문) 대구지방법원 포항지원 2018.04.05 2018고단11

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 3, 2017, the Defendant was unable to enter the runway due to a string vehicle parked in the string area, which was driven by the Defendant’s driver in the name in front of Nam-gu B at the port on December 3, 2017, when he was driven by the Defendant’s driver in the name in front of the Nam-gu B at the port.

The reasons why the E and the policeman called up after receiving the report, attempted to move the driver of the vehicle in the Spoter E and F to move the vehicle from the Spoter vehicle, the Defendant was forced the driver of the Spoter vehicle to take a stop from the police officers, and the Defendant was forced the driver of the Spoter vehicle to take a stop from the police officers, and the Hab the E's head was the first step of the E's head and the Hab on the hand floor of the Spoon.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on site dispatch.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In light of the contents of the crime committed by assaulting police officers on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, the quality of the crime cannot be deemed rice, but at all times, the crime cannot be deemed as a first offender with no record of the crime, the degree of assault is not excessive, treatment of depression, etc., the health situation seems to be inappropriate, such as treating the North Korean deserter, North Korean defectors, and other favorable factors such as motives, means and results leading to the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, and environment, etc., and the punishment shall be determined as ordered by the order and by a fine, taking into consideration two factors of sentencing, such as motive, means and consequence leading to the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, and environment.