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(영문) 대구지방법원 포항지원 2016.06.14 2016고단371
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 1, 2016, at around 03:50, the Defendant: (a) received a report from 112 that the Defendant was under the influence of alcohol on the first floor of the C Age Club B, Osan-si; and (b) served as a policeman belonging to the Gyeonggi-dong Police Station D District Police Station of the Gyeonggi-dong Police Station, for the purpose of checking the circumstances of the instant case, the Defendant assaulted the Defendant, such as the Defendant’s e’s shoulder, e’s e’s e’s shoulder, e’s e’s e’s e’s e’s e’s e

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to tear photographs at the site;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is not high in quality of the crime, such as cutting down a police officer’s bat, tearing his bat, throwing away his bat, etc., but the content of the assault itself is not relatively heavy, recognizing the crime, reflecting the fact that there is no criminal record, and there is no other criminal record, the Defendant’s age, sex, environment, the circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., shall be determined by taking into account the various sentencing factors indicated in the record.

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