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(영문) 대구지방법원 2015.08.17 2015고단2909
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 6, 2015, the Defendant was urged to return home from a slope D belonging to the Suwon Police Station C District, which was called out after receiving a report from the Defendant, who was under the influence of alcohol in the Daegu Suwon-gu B street around 20:56.

However, on June 6, 2015, the Defendant found the patrol car that the said D was on board and patroled on the street in front of a restaurant located in Daegu Suwon-gu B on June 6, 2015, and the said patrol car is different from the said patrol car, saying, “I am swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe s we swe s we s we swe s we s we s we s we swe s we s we s we s we s

The Defendant continued to interfere with the progress of the patrol car by getting off the patrol car driver's seat booming, scambling, etc., and carried off the D from the patrol car to speak, and displayed the drinking.

Accordingly, the defendant interfered with legitimate performance of police officer's patrol duty.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to entries in a work log, on-site photograph, etc., investigation report (Attachment of Blue Images) or video images;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act requires the defendant to interfere with the performance of official duties of police officers without any special reason, and the police officers entered the police station in the course of arresting the defendant. However, it does not seem that the degree of assault by the defendant or the degree of obstruction of performance of official duties is significant, and the defendant has no record of being punished for obstruction of performance of official duties for the last ten years, and there is no record of punishment heavier than a fine or punishment heavier than a fine for obstruction of official duties for the last ten years as well as other conditions of sentencing that are favorable to the defendant, such as the defendant's age, character and conduct,

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