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(영문) 대구지방법원 서부지원 2016.03.17 2015고단2180
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On November 25, 2015, the Defendant was urged to return home from the victim F (25 years old), who is the police officer belonging to the police station E District in the police station, and the victim G (25 years old) who was called out after receiving a report that the Defendant scam in front of the D cafeteria located in Daegu-gu, Daegu-gu, Daegu-gu, under the influence of alcohol, and the Defendant was urged to return home from the victim, who is the police officer belonging to the police officer belonging to the police station E District in the police station, and the victim G (25 years old). While being 2 to 3 neighboring merchants, the victims “C typ typ, scam, young scam, and young scamba.”

“Publicly insulting victims by referring to “......”

2. The Defendant interferes with the performance of official duties at the time and place specified in the preceding paragraph, and upon receiving 112 reports as stated in the preceding paragraph, to F and G of the police officer called out.

The police officer’s threat, such as “,” and the police officer’s continued to leave the H patrol vehicle on the spot, and obstructed the police officer’s legitimate performance of duties concerning the handling of the report case by exercising force, such as standing 10 minutes of the said patrol vehicle, and by exercising force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, I, and J;

1. - 112 Work logs, photographs

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

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each selective fine for punishment (the degree of insult for police officers is relatively minor, and the degree of exercise of tangible power is limited to passive interference and there is no criminal record exceeding the fine, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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