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(영문) 대구지방법원 김천지원 2017.11.23 2017고정441
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

On June 11, 2017, at the entrance of the 1st floor of the building “C” located in Gumi-si B, Gumi-si, Seoul, the Defendant: (a) obstructed the Defendant, who was called upon to receive 112 reports in relation to “B” victim D (44 tax) at the lower entrance of the 1st floor of the building in which Gumi-si B was located; (b) prevented the Defendant, who was sent to the police officer of the Dong-gu Police Station E-gu, the police officer of the Dong-gu Police Station, from 112, and tried to re-enter the Defendant, “C” located on the 2nd floor of this building; and (c) made defective statements, “Isop and return home,” and “Isop back, regardless of whether inside or outside the house, Isphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant interfered with the legitimate execution of duties by police officers with regard to the dispatch of 112 reported and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (in the field of the scene), internal investigation report (influence of damaged parts of victim D), report on internal investigation (influence of victim F and attachment of objects used to assault victim F and photographs of damaged parts);

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

1. The part dismissing a public prosecution under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The summary of the facts charged is as follows: (a) the Defendant: (b) the Victim D (44) who is an annual owner, within the second floor of the building located in Gumi-si B around June 11, 2017, located in Gumi-si B, the second floor of the building located in Gumi-si B; and (c) the Defendant and his/her executive officers “the preserving preserving money” to the Defendant and his/her executive officers.

For the reason of disregarding the victim’s speech, assaulting the victim’s left face at one time was committed.

2. The facts charged in this part of the judgment fall under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the defendant under Article 260(3) of the Criminal Act.

In this regard, the victim against the defendant on October 26, 2017, which was after the prosecution of this case.

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