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(영문) 대구지방법원 서부지원 2015.03.26 2014고단1926
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 11, 2014, the Defendant: (a) around 03:35 on December 11, 201, the damage and damage of property: (b) around 03:35, the victim D, who was parked in the lower street of the C cafeteria located in Daegu Seo-gu, Seogu, Daegu, had the boomer followed by drinking the left-hand white part of the EKaxa vehicle, which was owned by the victim D, without any justifiable reason.

Accordingly, the defendant damaged the victim's property which is infinite to the market and damaged its utility.

2. The Defendant was arrested as a flagrant offender at the same date, time, and place as mentioned in the above paragraph (1) above, and on the same reason, at the same time and place as mentioned in the foregoing paragraph (1), G where he was called out after receiving 112 reports.

피고인은 같은 날 04:50경 대구 달서구 H에 있는 대구성서경찰서 F지구대 내에서 “야이 십새끼들아, 너희들 목 자르면 벽돌 나를 준비해라, 야 이새끼야 니 새끼들 보기에 부끄럽지도 않으냐”는 등의 욕설을 하며 여기저기 침을 뱉던 중 위 G가 이를 촬영하기 위해 카메라를 들고 피고인 앞으로 오자, G에게 침을 뱉고 발로 가슴 부위를 1회 찼다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the prevention, suppression and investigation of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement of police statement made to D or GI;

1. Investigation reports (victims and photographs of earth and earth), and the application of Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is the primary offender; all of the crimes in this case is led to confession and depth; and the defendant is only the victim of the damaged crime.

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