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(영문) 대구지방법원 포항지원 2016.07.20 2016고단545
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 10, 2016, at the entrance of the funeral hall located in the north-gu, 00:35 on May 10, 2016, the Defendant: (a) at the entrance of the funeral hall located in the north-gu, the Defendant: (b) reported that the Defendant avoided disturbance within the funeral hall; and (c) obstructed the legitimate execution of duties by police officers in relation to the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The fact that it is not well-known even though it is during the period of suspension of execution due to violent crimes, and it is not good to use the direct force to the police officer dispatched after receiving a report on the disturbance in the funeral ceremony, the fact that there is a past record of four times of violent crimes: He reflects his mistake in depth, the defendant has no record of obstructing the performance of official duties, and there is a family member to provide support.

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