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(영문) 대구지방법원 김천지원 2018.05.16 2018고단109

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 12, 2018, the Defendant: (a) around 23:21 on January 12, 2018, at C’s main points in the Gumisi B, and (b) was under the influence of alcohol to make a noise, etc. as a customer; (c) E, a police officer belonging to the Gu police station DNA group, who was called upon the receipt of a business owner’s notification, solicits the Defendant to return home; and (d) he voluntarily bleeped his personal information; and (e) took the clothes of the above E on his hand, and (e) took one time at the right boom.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (which refuses to affix seals and fails to prepare a notice of arrest, attach photographs, etc.);

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 sentence of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be punished as being applied to the police officers who are performing official duties for the reason of sentencing.

However, considering the fact that the crime was committed in the course of detention, the fact that there was no criminal record other than the fine in addition to the fine in three times prior to the past 20 years, and the fact that the mistake is against the wrong.