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(영문) 대구지방법원 2017.10.20 2017고단4372
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to a suspended sentence of three years in October to interfere with the execution of official duties by the Daegu District Court, and the judgment became final and conclusive on January 19, 2017.

On August 3, 2017, the Defendant: (a) heard a warning to return home from F in front of the emergency room of the “D Hospital” in Daegu-gu, Daegu-gu, upon receiving a report from a person who frighting at a hospital; (b) the Defendant called “D Hospital” in front of the emergency room of the hospital; and (c) reported that he/she was a person who frighting at the hospital; and (d) he/she returned to F; and (c) he/she “

The term "domination" was used as a bath, and it was used as violence, such as spawning his timber with his hand one time, blaping his balth, and spathing.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for the same kind of crime and again commits the crime in this case during the period of suspension of the execution of the punishment is disadvantageous.

However, considering the fact that the defendant is against the defendant, the degree of violence against the victimized police officer is relatively minor, and the defendant seems to have committed the crime of this case by contingency.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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