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(영문) 대구지방법원 2015.07.16 2015고단2556
공무집행방해등
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

At around 02:50 on March 4, 2015, the Defendant: (a) obstructed the Defendant from leaving a disturbance due to drinking value on the road in front of the “Csing room” located in Daegu-gu, Daegu-gu; (b) provided that the slope D belonging to the Daegu Southern Police Station, who called the Defendant at the site after receiving a report of 112, would stop the Defendant from exposing the door of the singing door door in the state of drinking; and (c) arrested the Defendant as a flagrant offender after he was arrested as a flagrant offender, the Defendant laid down the said D slope on the ground that the Defendant: (a) sound the said D slope “Wing Wing Wing Wing Wing.” On his hand, the Defendant laid down the slope of the said D slope one time on his hand; and (b) cut the said D slope, such as the vehicle from walking the mouth, with approximately two weeks of unknown bridges requiring the treatment of approximately two weeks.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, and investigation of crimes, and at the same time injured police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Place of service;

1. Application of Acts and subordinate statutes to damaged parts of photographs and written diagnosis of injury;

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

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 reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for detention in the workhouse does not apply the sentencing guidelines by selecting a fine (whether or not to apply the sentencing guidelines). [Judgment of sentence] The main conditions of the crime that inflicts an injury on police officers in the course of performing official duties are not good, but the degree of injury is minor and the defendant is divided and reflected, and the motive, background, means and method of the crime of this case, circumstances before and after the crime of this case, and other various circumstances, including the defendant’s age, character and behavior, career, and environment, etc., as indicated in the argument of this case, shall be determined as the sentence as ordered.

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