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(영문) 대구지방법원 2017.05.30 2017고단1580

공무집행방해

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 01:20 on February 17, 2017, the Defendant: (a) drunkd in a taxi stopped in front of Daegu-gu D, Daegu-gu; (b) the Defendant: (c) was under the influence of alcohol in the workplace and body; (d) was defective; (c) the police officer of the Nam-gu, Daegu-gu, Police Station Edistrict, who was called upon upon receipt of a report, called “the call from a taxi” in order for the Defendant to listen to the circumstances of the instant case; and (d) the Defendant was able to look into the ethth of the said F; and (c) dump of the slope G heading of the said eth, the said eth of the said ethical group; and (d) f

Then, the Defendant continued to have been arrested into the Daegu Southern-gu Police Station E District Unit located in H, Daegu-gu, Daegu-gu, 01:30 on the same day. After being arrested, the Defendant: (a) was able to take a bath for police officers; and (b) the security guards belonging to the said district were the Defendant, and (c) the Defendant was able to file a petition with the Defendant; and (d) the Defendant assaulted the said I’s second conviction once.

As above, the Defendant interfered with the legitimate performance of official duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement to I, G and J;

1. Written Statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographs of damage to police uniforms), internal investigation report (Attachment of CCTV to a photograph)

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is an act of assaulting police officers performing official duties, thereby obstructing police officers from performing their legitimate duties, and such an act is not deemed to be an inferior crime.

However, under the circumstances favorable to the defendant, the defendant's age, sex, environment, motive, means, and consequence of the crime of this case are considered to be favorable to the defendant, such as the fact that the defendant was aware of the crime of this case and reflects the truth, and that there was no criminal history.