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(영문) 대구지방법원 김천지원 2017.06.27 2017고단321

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 4, 2016, the Defendant: (a) around 13:10 on December 4, 2016, the Gu-si B B lending 202, which is the Defendant’s residence; (b) the Defendant’s cohabiting female C with the Defendant, who was called up upon the Defendant’s 112 report, was called up, and (c) the Defendant asked the Defendant to answer the circumstances of the instant case.

Ba, Gain, Gain, Gain, and Gain, expressed two times of assault, as mathing, and perfore E face.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, upon receiving a report, the Defendant obstructed the police officer’s legitimate performance of official duties by threatening the police officer by sculing him/her, and sculing him/her, as he/she is serving the police officer called out upon receiving a report.

The defendant committed the crime of this case without being sentenced to imprisonment with prison labor due to a violation of the Road Traffic Act, even though he was under suspension of execution.

However, the defendant recognized the crime of this case and runs deeply against the defendant.

It does not seem that the defendant actually prices the damaged police officer or directly contact the victim's body, and the police officer seems to arrest the defendant as a flagrant offender who interfered with the performance of official duties on the preemptive basis as the defendant threatens the damaged police officer as he / she will face his/her hand.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.