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(영문) 대구지방법원 서부지원 2019.11.21 2019고정48
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

around 03:50 on October 11, 2018, the Defendant, within the convenience point of “C” located in Daegu Jung-gu, Daegu-gu, on the ground that: (a) there was a dispute on the following grounds: (b) there was a defect in the process of purchasing a disposable dog; (c) D (n, 27 years of age) who is an employee, should not make a settlement in small amount.

Accordingly, the Jungbu Police Station E District E District G, and slope G, etc. sent back to the site after being ordered to report 112, and “the alcohol was withdrawn,” and “the head of the house must return home to the site, purchase the horse in other place, enter the convenience store, and purchase the horse again, and if the former office or the tax office has a jurisdiction over the Gu office or the tax office, the problem of refusing payment of credit card is revealed,” and then the head of the 112th Order Office after again recommended “I,” “I,” from the 112th Order Office, I, in order to make a report on the dispatch of the vehicle by G, the E District 112 vehicle patrol, and the Defendant was unable to drive the vehicle over the left side of the patrol of the above vehicle, and the Defendant was unable to drive the vehicle over two times, such as a slope of the vehicle in front of the patrol.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers to send 112 patrol vehicles J 112 patrol vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, F, and D;

1. Application of the statutes governing the arrest of flagrant offenders;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that there is a need to strictly punish the crime of obstruction of performance of official duties in light of the recent situation of public authority.

On the other hand, the defendant.

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