(영문) 대구지방법원 2019.09.18 2019고단2445

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Reasons

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자간(%)

(영문) 대구지방법원 2019.09.18 2019고단2445

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

around 04:10 on May 6, 2019, the Defendant was abused before “CB apartment” in the commercial building “CB apartment in Busan Metropolitan City.”

'The defendant's 112 report and requested the preparation of a statement on the circumstances belonging to the D Zone E of the Gyeongsan Police Station, the police officer's report details, and the facts of damage. However, the police patrol vehicle was on board with the back seat of the police patrol vehicle without complying with the alcohol, and the police officer's failure to comply with the police's lower demand, and assault E by cutting off and pushed off the breath.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to attachment of work place);

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense that prevents a police officer from performing official duties by assaulting a police officer, and that the liability for such offense is not less severe. Considering the favorable sentencing ground, the Defendant is led to the confession of a crime, and there is no record of criminal punishment, etc., taking into account all other circumstances such as the Defendant’s age, circumstances leading to the crime, specific form of the crime, and circumstances after the crime, etc., the sentence of the same punishment as the order is

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