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(영문) 대구지방법원 김천지원 2015.04.22 2015고단162
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 January 26, 2015, at around 20:50, the Defendant avoided disturbance, such as cutting a scam, scam, etc., within his own car parked in front of the Gumi City B, which was driven by alcohol, and sounding the scam, and scamed from the police officer, who was urged to return home from the police officer, who was dispatched after receiving 112 a report, and was urged from the police officer, to “I am back from the old police station C district unit of the Gu police station,” “I am scam to scam scam to scam to scam to scam?” and then I am on one occasion of drinking with D’s face, and again I am from E, and I am from E, and scamed from E, thereby doing any harm to the body of D and D, such as scaminginging, scaming, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. The Defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act on October 24, 2013 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by having been sentenced to a suspended sentence of one year on October 24, 2013 to a police officer who is performing official duties without being aware of the fact that the Defendant committed an assault against a police officer who is performing official duties without being aware of the fact that he/she

However, there are circumstances such as: (a) the Defendant’s mistake in depth and reflects the Defendant’s mistake; (b) the Defendant has no record of being punished for the same kind of crime; (c) the exercise of force against police officers is relatively excessive; and (d) the Defendant supports a high school student and a elementary school student.

In addition, various conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, criminal records, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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