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(영문) 대구지방법원 2017.09.21 2017고단4394
공무집행방해
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 04:30 on August 2, 2017, the Defendant: (a) expressed his desire to return to the house on the roads of the subway station No. 363 in Daegu-gu, Daegu-gu, the subway station No. 112 in front of the entrance; and (b) expressed his desire to “the head of the Dong-gu, Daegu-gu, Police Station B, who called “the head of the Dong-gu, who was under the influence of alcohol” after receiving a 112 report; and (b) expressed his desire to “the head of the Dong-gu, the head of the Dong-gu, who was under the influence of alcohol” to “the head of the Dong-gu, Daegu-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, who was under the influence of alcohol, two times more than two times on the left side of the breast-gu, the head of the Dong-gu, the head of the Dong-gu, who was under the influence of the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (victim D 36 years of age photograph);

1. Article 136 (1) 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 an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act ought to be strictly punished as assaulting police officers who perform official duties. However, the Defendant has no record of crime prior to the instant case, recognized and reflected the crime, committed contingently under the influence of alcohol, and other conditions of sentencing such as the Defendant’s age, sexual conduct, family relationship, criminal history, circumstance of the instant case, and the progress thereafter, shall be determined by comprehensively taking account of the following factors.

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