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(영문) 대구지방법원 서부지원 2019.10.17 2019고단467
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 26, 2019, around 23:48, the Defendant was suffering from disturbance in front of the Daegu-gu B, Seogu, Daegu-gu, 112, brought a bath to D, who was requested to return home from D by police officers belonging to the Daegu-gu Police Station C District Police Station, which was dispatched after receiving the 112 report, and she walked for trial expenses, and she pushed off D’s body on a multiple occasions, stating that “I am in time,” and “I am in time.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to investigation reports (explosive screening of field pictures);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. In order to establish the legal order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, in light of the following factors: (a) the Defendant led to the instant crime; (b) there is no record of punishment exceeding a fine; (c) the degree of assault is relatively minor; and (d) the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime; and (c) the conditions of sentencing specified in the pleadings after the instant crime, such as the circumstances after the crime,

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