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(영문) 대구지방법원 2017.06.15 2017고단2146
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. No person who violates the traffic laws on roads shall do any act of lying, sitting or standing on the roads in such a manner that they can stick on the roads or obstruct the traffic;

Nevertheless, on April 15, 2017, from around 09:10 to around 09:14 on the same day, the Defendant interfered with the traffic of vehicles intending to drive the said road, such as the flow on which a majority of vehicles under the influence of alcohol walked four lanes, and walking on the two-lane and three-lanes.

2. 공무집행 방해 피고인은 2017. 4. 15. 09:20 경 위 동침 산 네거리에서, 주취자가 도로에서 소란을 피우고 있다는 신고를 받고 출동한 대구 북부 경찰서 B 지구대 소속 경사 C으로부터 제지 당하자, 그에게 “ 개새끼야, 내가 뭘 잘못했는데, 씹할 놈아! ”라고 욕설을 하며, 오른손으로 그의 멱살을 잡았다.

Accordingly, the above C used the defendant to take the defendant into the Daegu North-gu D Village parking lot, put the gravel on the floor of the area, spits, and assaulted the defendant on his face, such as spits.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of work log and a detailed statement of 112 reported cases;

1. Relevant Article 157 subparag. 4, Articles 157 subparag. 1 and 68(3)1 and 2 (a comprehensive violation of prohibited acts on roads, choice of fines) concerning facts constituting an offense, and Article 136(1) of the Criminal Act (a) (a comprehensive violation of prohibited acts on roads, choice of fines), Article 136(2) of the same Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing of Article 334, Paragraph 1 of the Criminal Procedure Act [the scope of recommendations] of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] shall interfere with the execution of official duties.

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