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(영문) 대구지방법원 2018.08.24 2018고단2741
공무집행방해등
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

1. On May 7, 2018, the Defendant: (a) was under the influence of alcohol at around 00:07, the Defendant found the victim B, who was parked in the 300-6 Sinsan-dong 300-6, and attempted several times to get on the victim B, who was parked in the above 300-dong, to walk on the otobb, and carried on several occasions to walk on the obba; (b) but (c) the obabba in which the obaba carried out the obabba, so that the obaba’s right plate, etc. was b

Accordingly, the Defendant damaged the Obane owned by the victim to the extent that the repair cost of KRW 733,00.

2. On May 7, 2018, the Defendant interfered with the performance of official duties, at around 00:40 on May 7, 2018, after receiving a report on the acts mentioned in paragraph (1) in paragraph (1) in front of the Defendant’s office located in Gyeongsan-si, and being called out by F for returning home from the police officer assigned to the police box of the Gyeongsan-si Police Station, who was out of the 112 police box, and was forced to get home from the police officer assigned to the police box of the Gyeongsan-si, and forced the patrol to get off the knife who was carrying out the knife, the Defendant was able to write off the knife the knife of F

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. B written statements;

1. Application of the written estimate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Articles 136 (1) and 366 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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 an unfavorable circumstance that the Defendant, while under the influence of alcohol, assaults police officers without any particular reason, thereby disregarding the public authority.

It seems that the damage caused by violence against the victimized police officers seems to be minor, the defendant seems to have committed the crime of this case by contingency, the defendant has no record of criminal punishment, and the defendant has no record of criminal punishment.

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