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(영문) 대구지방법원 김천지원 2014.08.07 2014고단697

공무집행방해

Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. On June 28, 2014, at around 01:28, the Defendant: (a) heard that, under the influence of alcohol, the Defendant 112 was brea at the “Eju shop located in Kumi-si, Kumi-si; (b) was able to see that she was able to return home from G with the police box belonging to the Kumi police station that was dispatched after receiving 112 a report; and (c) she was able to go home from she; (d) she was able to she, she was fried, and she was fried by she; and (e) she was fried to her the right side of Hami-si; and (e) she was fried by assaulting a police officer with his/her shoulder with his/her arms, thereby hindering a police officer’s legitimate performance of duties concerning the reporting and the maintenance of public order and security.

2. At around 01:50 on June 28, 2014, the Defendant, who was arrested and detained in the act of committing an act of committing an act of committing an offense on the grounds as described in paragraph (1), was able to take the cell phone owned by the Defendant and was in custody of the police box of the former U.S. police station located in Si/S.A. on the same grounds as indicated in paragraph (1). The Defendant: (a) committed assault by the police officer, including the police officer, who was in charge of the control of the police box; and (b) obstructed the legitimate execution of duties concerning the maintenance of order within the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to K, H and J;

1. Application of the Acts and subordinate statutes to the investigation report (a CCTV photograph attached thereto);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of obstruction of performance of official duties againstG and H)

1. Each crime in the decision of the choice of each sentence is not only a crime during the period of probation due to violence, but also a second crime, the content and degree of violence and intimidation, and considering the defendant's records of the same kind of crime in 2009 and 2011, the defendant should be subject to strict punishment. However, the defendant must undergo severe punishment.