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(영문) 대구지방법원김천지원 2020.09.23 2020고단506
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 April 2, 2020, at around 00:10, the Defendant: (a) received 112 report that he did not pay the alcohol value at the bar of “C” in the name of “C” located in the Gumi-si B; and (b) followed the Defendant’s speech that he paid the alcohol value from the slope belonging to the Gumi-gu Police Station D District of the Gumi-gu Police Station called “Ise-patha, so he has paid the alcohol value,” and assaulted E’s face one time by drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 reporting processing affairs.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a written statement of the police concerning the defendant's legal statement E, F, the statement of the police report case handling;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Although the criminal liability of this case for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less than the punishment for the crime of this case committed against a police officer dispatched after receiving a report that the defendant does not calculate the drinking value while under the influence of alcohol, the defendant's mistake is recognized, the defendant has no record of being punished as a crime of past violence or of a fine or more, the degree of assault is not more severe, and other various conditions of sentencing as shown in the record such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime, contents and result, etc. shall be determined as ordered by taking into account

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