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(영문) 대구지방법원 2016.12.09 2016고단4855

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 01:20 on September 1, 2016, the Defendant: (a) while patroling the above location in front of Daegu Suwon-gu B; (b) requested a slope D belonging to the Daegu Suwon Police Station C District, which was called the Defendant to present his identification card; and (c) the said D, “I am spherbing off,” and assaulted the head of the said D on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to D and E;

1. Application of each of the Acts and subordinate statutes entered in the C District Work Hours and the public official identification card;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Detention in the Labor House and the Police Officers committed assault against the police officers, but the degree of assault was not serious, the police officers expressed their intention not to punish the defendant, and the defendant did not have been punished more severe than that of a fine for the same kind of crime, etc. shall be determined as ordered in consideration of the sentencing conditions favorable to the defendant and all other sentencing conditions, including the defendant’s age, character and conduct, and circumstances after the crime.