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(영문) 대구지방법원 의성지원 2017.12.14 2017고단295
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution due to interference with the performance of official duties at the Daegu District Court, and the above judgment was finalized on June 2, 2017.

1. On October 30, 2017, the Defendant: (a) around 23:10 on October 30, 2017, at the “D main point” of the operation of the Victim C in Seongbuk-gun, Seongbuk-gun, the Defendant: (b) brought a lot of drinking values to the victim; and (c) brought the victim’s desire to resist; (d) plucked the victim’s left hand by plucking, plucking, plucking, plucking the victim’s hand, plucking the victim’s hand over to the head; and (d) duping the telephone engine on the sturg to the sturg to the 35 minutes by getting the customer in the singing room, thereby getting out the disturbance, thereby interfering with the victim’s main business affairs by damaging the telephone machine of KRW 30,000, the market value of the victim’s possession and by force.

2. The Defendant, at around 23:40 on October 30, 2017, committed assaulting F on the front side of “D main shop” in the way of “D”, “I wish to take a bath for customers” and “I wish to go home from F, a police official belonging to the police station Eth unit of the Seongdong-gu Police Station Ethical police station, in which I wish to go home to F, while I want to take a bath for the F’s face, I spit down it over two times in a consecutive hand, f in a f’s left hand, and f’s chest by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to field photographs and sing CCTV photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing duties), Article 366 of the Criminal Act (the point of obstructing duties), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;

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