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(영문) 대구지방법원 2020.10.08 2020고단3629
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

On June 17, 2020, at around 00:50, the Defendant received a report from the Daegu Dong-gu, Daegu-gu, 530 Dong-gu, 112 that “do not cause loss” in front of the taxi platform in the 530 Dong-gu, Daegu-gu, 530 Dong-gu, and received a recommendation from C to pay a taxi fee to the taxi engineer who was dispatched to the site by the head of the Daegu Dong-dong Police Station B, Daegu-gu, and the head of the police station D,

After the process of the above report case, the Defendant: (a) obstructed the patrol vehicle in front of the patrol vehicle to return; (b) prevented the Defendant from proceeding with the patrol vehicle to return; (c) obstructed the Defendant from proceeding with the patrol vehicle in the Bosn part; and (d) obstructed the Defendant from proceeding with the patrol vehicle, i.e., “I do not have to go off and go off; and (d) he opened the rear door of the patrol vehicle and repeated getting off and getting off; (c) continuously opened the patrol vehicle and repeated the patrol vehicle; and (d) obstructed the Defendant from proceeding with C’s shoulder to go off by the patrol vehicle; and (d) assaulted C and the police officer D by taking the hand of the patrol vehicle to board the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the handling of the 112 reported case by the police officer C and the police officer D.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Although the error of the defendant in the sentencing reason under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy, the defendant is against the defendant, and there is no record of crime other than the one-time fine, family relation is clear, and the defendant's age, environment, means and results of the crime (the degree of intimidation and violence) and circumstances after the crime are considered, the punishment as ordered shall be determined in light of all the sentencing conditions.

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