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(영문) 대구지방법원 서부지원 2018.06.21 2017고단2727

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 August 18, 2017, the Defendant, at around 05:50 on the street in Seo-gu, Seogu, Daegu, reported by a 112 taxi engineer that the passengers failed to pay a taxi fee, and reported the 112 notification to the police officer belonging to the Seo-gu, Seo-gu, Seoul, Police Station E District of the Police Station, sent the police officer’s body boom, pushed the police officer’s body boom, and booms the arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A copy of the work log;

1. Application of Acts and subordinate statutes of the investigative report (Evidence Nos. 8 and 9);

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. In light of the motive of sentencing under Article 334(1) of the Criminal Procedure Act and the degree of assault that the defendant exercised against a police officer, the punishment for the crime is not against the law.

However, it is against the defendant's perception of committing the crime of this case, and there has been no criminal history for the past, and the defendant is treated as a disease such as depression and degradation of recognition function, etc., taking into consideration the favorable circumstances, such as the fact that the defendant has a mental disorder.

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.