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(영문) 대구지방법원 2017.02.08 2016고단6492

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant: (a) received 112 reports from the host on the front of the road located in Busan City, 00:20 on November 30, 2016, that he was a drunk; and (b) sought to kill the said police officer with the defect that E, a police officer affiliated with the police box of the Gyeongsan Police Station, who called out, voluntarily returned to the Defendant for the purpose of protective measures.

"Before doing so, the police officers assaulted the police officers, such as raising drinking to the police officers and booming the back of the police officers by hand.

As above, the Defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to work log, the list of 112 reported cases, the identification card of police officials, and investigation reports (limited to attachment of photographs of victims);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (including the fact that the punishment is divided by mistake, the fact that there is no record of criminal punishment other than the punishment imposed once due to a violation of the Road Traffic Act, and the extent of violence is relatively minor);

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