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(영문) 대구지방법원 서부지원 2015.07.30 2015고단925
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On June 5, 2015, at the restaurant parking lot located in Daegu Seo-gu B around 22:20, the Defendant was ordered to stop fighting and return home from the head of the restaurant business and the head of the fighting team, who was called up after receiving a report on parking problems.

Nevertheless, the Defendant continued to enter the above restaurant, and the above D took the Defendant’s her belt back to her hand, and took the Defendant’s her belt up to her hand, the Defendant she expressed the her bath to the above D, stating, “I see, here, she was faced with the money, and I am feasia,” and assaulted D’s chest that prevents the Defendant’s front passage at once as a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crime prevention and control of police officers.

2. At around 22:30 on the same day, the Defendant sent a warning to the Defendant that “Agree F of the Daegu Police Station E zone affiliated with the Daegu Police Station, who was called upon a request from the above D, would be subject to punishment if he wanted to the police officer.” The Defendant sent the Defendant “Agree that son was faced with money to the restaurant proprietor of the strings, or this spule spule.” with both hand, and assaulted the Defendant by putting the brue belt of the said F in front and rear back.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crime prevention and control of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes governing the place of work;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the selection of each fine for the relevant Article of the Criminal Act and the choice of punishment 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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is likely to obstruct the execution of official duties by assaulting police officers performing official duties, and the crime is hot.

However, all of the crimes of this case are committed by the defendant.

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