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(영문) 대구지방법원 2016.04.21 2016고단735
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 October 16, 2015, around 02:55, the Defendant: (a) obstructed police officers’ legitimate performance of duties in relation to police officer’s activities on the ground that he assaulted D, who entered the said district and dealt with the instant case, with the taxi fare in front of the C District located in Daegu Northern District, Daegu Northern District; and (b) assaulted D, who entered the said district and dealt with the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes governing the place of work;

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. The fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which the defendant was sentenced to a fine for the same kind of crime, is the circumstances unfavorable to the defendant.

However, a fine shall be selected only once by actively taking into account favorable circumstances, such as the defendant's death and injury police officers several times, and the defendant wants to take the defendant's wife against the defendant, the defendant is often divided into depth of the crime of this case, the assault and the desire of this case is not serious, and the defendant has no criminal record exceeding the fine, and the punishment shall be determined as ordered by taking into account the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc.

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