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(영문) 대구지방법원 서부지원 2018.05.31 2018고단156

공무집행방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, on December 11, 2017, after drinking alcohol from “C” located in Seogugu-gu, Daegu on December 12:25, 2017, and then drinking value to the proprietor of the said main shop.

During the period of paragraph, "the defendant shoulders sick and threatens Amera.

“I would like to be asked to the effect that “I would like to see the language, language, and to examine the details of receipts” from E, a police officer belonging to the Seoul Western Police Station D District of the Seoul Western Police Station, who was dispatched to the site after receiving a report of 112.

Accordingly, the Defendant took a bath to the above patroler E, stating “I am shot,” and assaulted the chest of the above patroler E with his hand, such as pushing the said patroler E’s breast, drinking the said patroler’s breast part on a single occasion.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The place where he works in the D District;

1. Application of Acts and subordinate statutes of the investigative report (Evidence 5,6)

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that if the defendant’s motive and assault for the sentencing of a provisional payment order is deemed to be minor in light of the motive and degree of assault that the defendant exercised against a police officer, the punishment for such crime is not imposed

However, the defendant's act of committing the crime of this case is against the defendant, and the defendant has no special record of punishment except for a minor fine of one kind in the past.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.