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(영문) 대구지방법원 2018.10.10 2018고단3579

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 August 4, 2018, the Defendant was dispatched to the police officer D and E, who was taking relief measures against a host, after receiving a report from 112 on the street in front of the “C Han-gu Council member” in Daegu-gu, Daegu-gu, Seoul-gu, on August 4, 2018.

개새끼들 아, 씨 발, 너 것 들이 공무원이가. 좃 빨아라.

씹할 놈 아. ”라고 하면서 손으로 D이 입고 있던 경찰 조끼를 잡아당긴 후 D의 가슴 부위를 수회 밀고, 이를 제지하는 E의 가슴 부위를 손으로 6회 밀고, E의 양 손목을 잡아 할퀸 후 허벅지 부위를 발로 1회 차고, 피고인을 공무집행 방해 현행 범인으로 체포하고 순찰차에 태우려는 D의 우측 손 및 허벅지 부위를 발로 수회 찼다.

Accordingly, the Defendant assaulted police officers performing their duties as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not likely to have been committed by the defendant while taking into account the following circumstances: the crime of this case is deemed to have been committed by the police officer; the defendant is against the defendant; the defendant is the primary offender; the defendant is the primary offender; the defendant's age, sexual behavior, environment, motive and circumstances after the crime is committed; and the punishment is determined as ordered by the text of this case.