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(영문) 대구지방법원 2015.04.10 2015고단384
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 28, 2014, at around 21:30, the Defendant: (a) confirmed the details of the report, etc. against the reporter by the F District G, who was dispatched on the street in front of the Daegu Dong-gu “Epathn Department; and (b) confirmed the reporting by G, etc. to the reporter; (c) and (d) on the Gap-man G, who was under the influence of alcohol in order to return home to the Defendant under the influence of alcohol, the Defendant: (a) sent the police officer a flab; (b) flab; (c) flab; (d) flab; (d) flab; and (e) flaf, f

As a result, the defendant interfered with legitimate execution of duties concerning the handling of reported case by G, who is a police official, and at the same time, the victim G (53 years of age) was faced with an inner left room that requires approximately seven-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Each description of the investigation report (as to the suspect's words and actions, etc.), public official identification card, copy of the working day, investigation report (as to attachment of data on details of treatment by the hospital), and written request for cooperation in investigation;

1. Application of the video Acts and subordinate statutes to the images of the upper part photograph;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act on the charge of obstruction of the performance of official duties on November 11, 2013, even though the Defendant had a record of having been punished by a fine of two million won, the Defendant committed the same kind of crime at the same time, and the Defendant is arrested as a flagrant offender and takes a bath within the district, and is not good in the circumstances after committing the crime, and thus, the corresponding punishment is needed.

However, the defendant is believed to have committed the crime of this case by misunderstanding that the police officer who fests him/her arrested himself/herself, and committed the crime of this case by contingently, the degree of injury inflicted upon the police officer is insignificant, and the defendant agrees with the police officer.

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