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(영문) 대구지방법원 2015.01.29 2014고단4086

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 15, 2014, at the main point of “C” located in Junggu Daegu-gu, Daegu-gu, around 01:45, the Defendant received a report of 112 from the owner of the business and the operator of the business, and was dispatched to the police station of Daegu-gu, the Defendant was subject to confirmation of the case from “C”, and received the report of 112.

At this time, the defendant demanded the defendant to return home once because he had been drunked by the defendant, and the defendant committed assault, such as gathering of the cell phone cited in his hand on the math of E, and turning off the face of E one time with a bad hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes concerning the work log in the D District and the 112 patrol logs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a deep depth of his mistake, and the defendant has committed an act of violence or obstruction of official business, and the degree of violence or obstruction of official business has been insignificant, as well as that of the defendant's mistake, and the defendant has no criminal record of the same kind or suspension of execution or higher, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered as ordered by the order.