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(영문) 대구지방법원 김천지원 2014.12.24 2014고단1300

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 31, 2014, at around 21:45, the Defendant assaulted a driver of the bus on the front side of the convenience store in the Gumi-si B, and was dispatched after receiving a 112 report, the Defendant was subject to the control from the slope of the Gumi Police Station D police box called “I will see that I will see that I will see that I will see that I will inflict any bodily harm on E, while continuing to go to go back from E.

계속하여 피고인은 현행범인으로 체포되어 구미시 F에 있는 구미경찰서 D파출소로 간 후에도, 같은 날 22:15경 E에게 가까이 와보라고 말한 후 E가 피고인의 곁으로 다가와 앉자, 두 손으로 총을 쏘는 시늉을 하며 E에게 “내가 내일 와서 너 총으로 쏴 죽여버린다! 저 씹할 놈, 내 총으로 쏴 버린다! 저새끼 내가 직이뿐다!”라고 소리쳐 E의 신체에 어떠한 위해를 가할 듯한 태도를 보였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. In addition to the reasons, means, and methods of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the circumstances, including the defendant's age, character and conduct, and environment, under the unfavorable circumstances that the defendant had a record of having been punished several times due to violent crimes, there is no criminal record of the same kind or suspension of execution, circumstances that are favorable to the defendant's reflection, and other circumstances, including the defendant'