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(영문) 대구지방법원 영덕지원 2014.11.19 2014고단117

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

At around 05:00 on June 24, 2014, the Defendant found it to get back the goods left to the king room of the building in Ansan-gu, Masan-si, Ansan-si. However, there was no seal to get back the goods. However, the Defendant saw that the building owner was going up by sending a door to the gate where the building owner resides.

이에 건물주의 신고를 받고 현장에 출동한 안산상록경찰서 D파출소 소속 경위 E과 순경 F가 피고인이 행패를 부리지 못하게 제지한다는 이유로 위 E에게 “야 이 새끼야”라고 욕을 하고, 손으로 그의 턱을 3회 때리고, 위 F에게 “씹할년아”라고 욕을 하고, 발로 그녀의 가슴부위를 1회 찼다.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of their duties in criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A H statement;

1. Application of the Act and subordinate statutes to cover damage video photographs, E's copies of police identification cards, F's copies of police identification cards, investigation reports (Attachment of video CDs at the scene of the incident);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the obstruction of performance of official duties by police officers E with heavier rank;

1. Selection of a selective fine of punishment (the defendant committed his behavior at the new wall time that the people take rest and used violence against police officers who restrain the defendant, and even if the police officer is investigated, it is not good that the defendant does not seem to reflect the character of the crime. However, it is too late that the defendant repents his behavior and reflects his behavior in this court, and that the defendant is not subject to any criminal punishment prior to this case, etc.);

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