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(영문) 대구지방법원 경주지원 2018.05.24 2018고단251
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2018, the defendant 01:21 on the road in which he is in racing C, and "any male gets in a singing box."

“I would like to die E when I talk about the circumstances of the instant case from E during the police box affiliated with the police box of the Gyeongdong Police Station, who was dispatched to the scene after receiving the report of 112, “I would like to die. I would like to die E while I would like to talk about E with both hands. I want to do so. I want to do so.

씹할 놈 아. 경찰이면 다가. ”라고 욕설을 하면서 양손으로 E의 멱살을 잡고, 발로 E의 정강이 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that a defendant assaults a police officer under the influence of alcohol is an expression of the attitude of disregarding the public authority and regarding the law, and is subject to strict punishment.

However, there is no record of crime except that the defendant was sentenced twice a fine in the 1970s (the violation of the Act on the Establishment of Local Reserve Forces, the acquisition of stolens, and the custody of stolens). The degree of damage suffered by the damaged police officers does not seem very important, and considering the fact that the defendant is against the depth in light of the circumstances favorable to the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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