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(영문) 대구지방법원 안동지원 2018.02.21 2017고단766
공무집행방해
Text

1. The sentence against the accused shall be five million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 12, 2017, the Defendant: (a) placed the apartment house B at permanent residence around 02:00; (b) placed a entrance and exit door to meet C while under the influence of alcohol before the house of male and female friendly C in 103 Dong 303; and (c) placed the entrance and exit door to meet C; and (d) the police officer E, who was dispatched to the site upon receiving a report from C’s 112, proposed the Defendant to stop the police officer E, who was dispatched to the site, to enter the said house of the permanent police station, and thereby interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on internal investigation:

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is that the nature of the instant crime is not exceptionally considered in light of its circumstances, methods, risks, etc.

In addition, even though the defendant had a record of criminal punishment three times due to violent crimes, he/she committed the crime of this case. This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no record of committing a crime that obstructs the performance of official duties, and there is no record of criminal punishment exceeding a fine.

Defendant deposited KRW 200,000 against E.

The Defendant suffered from mental illness, such as a loss from damage, and caused this case by contingency (which is not determined to have reached the degree of mental and physical weakness). This is the circumstances favorable to the Defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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