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(영문) 대구지방법원 서부지원 2018.06.21 2017고단2717

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 5, 2017, at around 02:04, the Defendant: (a) reported to 112 on the roads of the Daegu Seo-gu Police Station, Seo-gu, Daegu Police Station, which was located in 127, on the roads of the Seo-gu, Seo-gu Public Security Center; and (b) expressed a bath for the Defendant to arrange the site conditions and recommend the Defendant to return home; and (c) assaulted the Defendant at one time on the left side of the said police officer’s drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of work place;

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

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

1. The punishment of the crime is not that of a police officer dispatched after receiving a report from the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, in that he uses abusive language and assault against the police officer.

However, it is against the defendant when committing the crime of this case, and considering the fact that the defendant has no record of punishment heavier than that of probation, etc. in favor of him.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.