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(영문) 대구지방법원 2018.07.12 2018고단2402

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 4, 2018, the Defendant received a report on “D” located in Daegu-gu, Daegu-gu, (BAR), and received from “BAR with customers,” and received a report, and received from the actual site, the Defendant was to return home from the slope F (47 tax) belonging to the Daegu-gu, Southern Police Station Earth of the Police Station, Daegu-gu, Seoul-gu, and called to the site, “The Dok Dok Dok Dok Dok Dok Dok Dok is all the police officers of this Dong-gu.”

” 라는 등 큰소리로 욕설을 하고, 경사 F 등이 피고인에게 집으로 가라고 한 뒤 순찰차를 타고 출발하려고 하자 순찰차의 뒷 범퍼 부분을 걷어찼으며, 이에 경사 F이 순찰차에서 내려 피고인을 만류하자 “ 이 병신새끼야 ”라고 욕설을 하면서 F의 얼굴을 향해 주먹을 수회 휘둘렀다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Investigation report (verification of CCTV images for crime prevention);

1. Application of the Acts and subordinate statutes concerning a photograph, CCTV image photograph;

1. Relevant legal provisions for criminal facts, Article 136(1) of the Criminal Act for the selection of punishment, and the selection of fines ( even though the defendant was under the period of probation, he/she is not less likely to commit the crime in this case without being aware of it even though he/she was under the period of probation, considering the following circumstances: (a) the confession of the crime by the defendant while living in custody for a considerable period; (b) the degree of violence actually exercised by the defendant and interference with official duties is relatively minor; and (c) the defendant has no previous convictions

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;