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(영문) 대구지방법원 포항지원 2018.10.11 2018고단962
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 17, 2018, the Defendant was placed on the road in front of the “C” located in North Korea-gu, North Korea-gu, North Korea-si, North Korea-si. However, upon receiving a report from 112 that “a person goes beyond his/her capacity,” the Defendant took place upon receiving the incidental axis of the police officer, such as E, who belongs to the police station located in the coast guard station located in the coast guard.

Accordingly, the Defendant thought that police officers would both be annoyed person, and committed assault, such as, inter alia, that police officers thought that they go against themselves, and that they were able to see, “I am sing, I d.” and “I am.”, and assaulted the above E face by walking back to the left.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the people's life and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

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

1. In light of the contents of the instant crime committed against a police officer who seeks to assist the defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, a fine is to be determined by taking into account the favorable circumstances, such as the following: (a) although the nature of the relevant crime is not weak in light of the content of the instant crime by which violence was used, it appears that the degree of violence was not excessive; (b) there is no criminal history that was punished due to obstruction of performance of official duties or violence; and (c) there was no criminal history exceeding the fine; and (d)

B. The amount of fine as ordered shall be determined by taking into consideration the following circumstances and other various factors of sentencing, such as the motive, means, and consequence leading to the instant crime, the circumstances after the commission of the crime, the age, behaviors, environment, etc. of the defendant.

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