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(영문) 대구지방법원 포항지원 2016.10.06 2016고단984
공무집행방해
Text

Defendants shall be punished by a fine of KRW 3,000,000;

In the event that the Defendants did not pay each of the above fines, each of them is 100.

Reasons

Punishment of the crime

Defendant

A, around 08:05 on May 24, 2016, while driving a d dump truck with soil, found that the executive officers belonging to the mobile control group in front of the Port Agricultural Products Distribution Center located in the Northern-gu, Pohang-gu, Pohang-gu, the management office of the Port State of Korea found the excessive crackdown on the roads of the Port Agricultural Products Distribution Center located in the North-gu, Pohang-gu, Pohang-gu, and caused the escape to the construction site adjacent to the "F Hot Spring" located in the north-gu, Posi, by disregarding the stop signal that the controlling official puts down the excessive crackdown with the mobile control equipment.

Accordingly, in order for H to control Defendant A’s over the overarchion, Defendant A taken the lower h of a cell phone as a video, and Defendant A her h h h h h h h h h h and her h h h h h h h h h h h h h h h h h h h h, and Defendant B, a h h h h h h h h h h h h h h h h h h h h h h

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by public officials of the management office for the maintenance of the port state road.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes on the investigation report;

1. Relevant Articles 136 (1) and 30 of the Criminal Act, the choice of a fine for the crime, and the choice of a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, assaulted a public official performing official duties jointly by the defendants, and in the case of defendant A, the crime is bad in light of the fact that the defendants committed many criminal offenses.

However, the extent of assault is relatively minor, the public officials who suffered the damage are subject to death by the Defendants, and the public officials are seeking the Defendant’s wife by seeking a letter of apology, and are against the mistake by recognizing the crime, and Defendant B did not have the same type of criminal record and did not have any criminal record exceeding the fine in case of Defendant B.

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