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(영문) 대구지방법원 서부지원 2017.11.28 2017고단1055
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 March 14, 2017, the Defendant asked contact information to the police officer E belonging to the Seoul Seo-gu Police Station D District Station, Daegu Police Station, which was called upon a business-based report due to not paying food values at C cafeterias located in Seo-gu, Daegu on March 14, 2017, when confirming the Defendant’s personal information for the purpose of the resolution procedure; and

Before doing so, he saw B B's chest with the hand floor, he saw B's chests 5 times with the hand floor, and embling drinking, which interfered with police officers' legitimate execution of duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Work logs for police officers and the application of Acts and subordinate statutes governing police officers' evidence;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s depth in sentencing, taking into account the various circumstances, including: (a) the fact that the Defendant has no previous convictions other than two times of fines (violation of Road Traffic Act, 2010, and injury in 2010) and no previous convictions, a more fine shall be selected once and the sentence shall be determined as ordered.

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