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(영문) 대구지방법원 서부지원 2015.04.03 2015고단141
공무집행방해등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On January 8, 2015, the Defendant: (a) was divingd at the entrance of “C” cafeteria located in Daegu-gu Office B; (b) received 112 reports from the victim E (36 years of age) and the victim F (25 years of age) who was a police officer assigned to the police station D police station that arrived at the scene; and (c) was urged the victim E to return home from four persons, such as the victim E (4 persons, including the victim E (36 years of age) and the above “C,” and the victim E (4 persons, such as the victim, including the victim G, etc., he must be able to take food with the victim’s desire, such as “the victim must be able to take food; (d) the fake son son son son son son son son son son son son son son son son son son son son son son son son son son.”

2. The Defendant engaged in the obstruction of performance of official duties with a view to the same circumstance as the date and time as stated in Paragraph 1, and at a place specified in Paragraph 1, and committed assault by E, such as taking a behavior that seems to have been done toward the face of E by stating that “Icked from a time,” and having “Icked.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of civil petition reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of each statute on filing of a complaint;

1. Articles 311 and 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant takes a bath to police officers in the course of performing official duties and interferes with the performance of official duties, etc. However, the nature of the crime is not weak, taking into account the fact that there is no criminal history of the same kind, and that there was no direct contact with the damaged police officers.

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