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(영문) 대구지방법원 2018.03.08 2017고단6478
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 18, 2017, at around 23:30, the Defendant’s house located in the Daegu Suwon-gu building B No. 203, the “G” written indictment in the Defendant’s house, is apparent to be the clerical error in the “C”, and in light of the process of the instant trial, even if the written indictment was corrected without any changes in the indictment, it does not seem to have a substantial obstacle to the Defendant’s exercise of the right to defense. Accordingly, the Defendant ex officio corrected the written indictment.

In response to the police officer's questioning about the situation of the incident from E and F, the police officer of the Suwon Police Station D police station who was called up after receiving the report of 112, and the police officer's attempt to see C was prevented, and the police officer's attempt to see C again was avoided, and the police officer's chest f of the police officer's chest f of the police officer's breast f of the police officer's walk 3 times, and the police officer's assaulted the E of the police officer's 112 report to interfere with the police officer's legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to F and E;

1. Application of statutes on site photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense ( even though it is not easy for the Defendant to obstruct the performance of official duties by assaulting two police officers wearing uniforms, it is not against the Defendant’s mistake in depth, the degree of interference with official duties is not heavy, and the Defendant is a primary offender who has yet to age and has no record of such an offense, etc.);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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