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(영문) 대구지방법원 서부지원 2016.12.08 2016고단2179

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On September 29, 2016, at around 23:10, the Defendant: (a) reported 112 from the Defendant’s wife that “it is necessary to assist the Defendant in drinking,” and (b) tried to go home to the Defendant on the road by a police officer affiliated with the Seongbuk Police Station, who was called the Defendant’s wife, to go home to the Defendant, and (c) tried to go home to the said police officer’s bridge by hand, and (d) assault the police officer, who confirmed the location of the Defendant’s vehicle, who confirmed the location of the Defendant’s vehicle, expressed that “the Defendant was fit to go home to the police officer,” and sent the Defendant’s hand to the police officer, who was able to go home to the police officer’s hand, and who used the arms, etc. of the police officer as a saw.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (limited to attachment, such as a detailed statement of handling cases reported 112);

1. - Application of Acts and subordinate statutes of a damaged part photograph.

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act regarding criminal facts, the choice of a fine (i.e., the confession and the attitude against the police officer), the minor extent of the police officer's assault, and the defendant has no past record of punishment exceeding the previous conviction and fine, etc.);

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

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