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(영문) 대구지방법원 2017.10.26 2017고단4683

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant and C (the same day of filing a summary order) are pro-Japanese, and C is between the victim D (51) and four years, and both the defendant, C and the victim are deaf-mutes.

1. On July 1, 2017, the Defendant committed assault, such as violation of the Punishment of Violences, etc. Act (joint assault) in front of the Felel in Daegu-gu E, Daegu-gu, about 02:20, on the ground that the victim was under the influence of alcohol and her felbly expressed to the Defendant and C, on the hand floor, when the victim’s face is clicked three times, and the Defendant was breading the victim’s face by drinking.

Accordingly, the defendant assaulted the victim jointly with C.

2. The Defendant interfered with the performance of official duties by assaulting the Defendant and C at the time, time, and place specified in the above paragraph (1) on the ground that he was unable to communicate with the Defendant on the ground that he was unable to communicate with the Defendant on the ground that the slope H belonging to the Daegu Dong-gu Police Station G District of the Police Station G District of Daegu, Daegu, where he was called upon with the said victim on the ground that he was unable to communicate with the Defendant on one occasion while checking the facts of the said assault case, thereby obstructing the police officer’s legitimate performance of duties

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with H and D;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of standing photographs and work logs), report on internal death (to hear shots’ statements);

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint assault) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of each fine;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse is that the defendant recognized the crime of this case as a substitute for the crime of this case and reflects the mistake, the person who is deaf or mute, and the reason why communication is not smooth is likely to cause interference with the performance of official duties.