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(영문) 대구지방법원 안동지원 2018.03.30 2017고단747
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant received a 112 report that “I cannot enter a toilet by other customers because I am under influence of alcohol, I am under the influence of alcohol,” and “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am

“Absently, assaulted the right bridge of F on one occasion by drinking.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported case by police officers in uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing the report of investigation and the handling of 112 Reports;

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 from 112, the Defendant expressed a desire to the police officer called out and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

Defendant has been punished several times, including imprisonment with prison labor for violent crimes such as injury.

However, the defendant is currently recognizing and opposing his mistake.

The Defendant appears to have committed the instant crime in a relatively contingent manner while under the influence of alcohol, and the degree of assault against a police officer is relatively minor.

The defendant is not punished for the same crime.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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