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(영문) 대구지방법원 2017.06.22 2017고단2252
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 February 27, 2017, at around 00:10, the Defendant assaulted F in front of the “D” restaurant located in Daegu Jung-gu, Daegu-gu, by having received a report on the case of assaulting a criminal c, to listen to the circumstances of the instant case, such as the circumstances belonging to the E District of the Jung-gu Police Station E District, Daegu-gu, where the Defendant was called upon and called “I am to do so.” On the left hand floor of the above F, the Defendant assaulted F, such as: (a) intending to hear the circumstances of the instant case; (b) hereinafter “I am to do so.”

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties on the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes of the I;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. As to the assertion of the Defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act, the Defendant and his defense counsel had been in a state of mental and physical weakness by drinking at the time of committing the instant crime.

The argument is asserted.

According to the records, even though the defendant was aware of drinking at the time of the above crime, considering the circumstances and the result of this case, the defendant's behavior before and after the crime, etc., it seems that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

The reason for sentencing is that it is not desirable to commit a crime because it interferes with the execution of official duties by using violence because it is when the police officer called out after receiving a report of violence.

However, the defendant recognized the crime of this case as committing the crime of this case and reflects the mistake in depth, the first offender, the victim's desire not to have the punishment but to have the prior wife, the mental therapy, and the victim does not repeat the crime.

The conditions of sentencing, such as the favorable circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be all the conditions of sentencing.

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