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(영문) 대구지방법원 안동지원 2020.05.12 2019고단817
공무집행방해
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 24, 2019, at around 18:35, the Defendant: (a) stated that the Defendant was under the B apartment C of the Dong-dong Police Station where the Defendant was living, and that the Defendant was under the influence of alcohol, the Defendant did not comply with the Defendant’s request for a alcohol alcohol test; (b) stated that he was under the influence of alcohol without responding to the Defendant’s request for a alcohol test; and (c) assaulted F’s chests in the circumstances where the Defendant was under the control of the Ansan Police Station D District of the Dong-dong Police Station where he was under the control of the Defendant’s house on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement for handling 112 reported cases);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer on the ground that he/she refused to take a drinking test against a police officer dispatched after receiving a report from the other party who is suspected to drive a drinking alcohol while driving under the influence of alcohol.

The nature of the crime and the circumstances leading to the crime are not very good.

The defendant has already committed violent crimes against the defendant.

However, the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, means and results, shall be determined as ordered by considering the fact that the defendant appears to recognize and reflect his/her crime, and the sentencing conditions shown in the records after the crime is committed.

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