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(영문) 대구지방법원 포항지원 2014.07.10 2014고단225
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

At around 22:20 on February 2, 2014, the Defendant, while drunk in front of the police box at the Southern-gu Port Police Station C of the Korea Coast Guard at the port, had a taxi driver and a taxi driver do not receive the taxi expenses, and was parked in front of the police box in front of the police box at the port. The Defendant opened a front box of the patrol car and took the patrol vehicle.

피고인은 C파출소 소속 경위 D로부터 하차할 것을 요구받자 “소장 개새끼 데리고 온나, 그러면 내릴게”, “이 개새끼야 내리긴 뭘 내려”라고 욕설을 하고, 위 D가 조수석 문을 열고 피고인을 내리게 하려고 손을 뻗자 양쪽 주먹으로 D의 양손을 4회 때리고, D에게 발길질을 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers D's patrols by force.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's assertion about D's assertion that he had no memory at the time of the crime of this case because the defendant made a statement that he had no memory at the time of the crime of this case, and that he was in an insane or a state of mental and physical disability. Accordingly, according to the statement of the police statement about D's statement about D, the defendant was found to have received a little amount of alcohol at the time of the crime of this case, but he did not have the ability to discern things or make decisions.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On May 16, 2013, the Defendant: (a) was sentenced to a suspended sentence of ten months for a violation of the Fishery Resources Management Act by a court branch of the Daegu District Court on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) again committed the instant crime during the grace period; (c) however, the degree of assault and intimidation is relatively minor; and (d) under the influence of alcohol.

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