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(영문) 대구지방법원 안동지원 2018.02.21 2017고단768
공무집행방해
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 1, 2017, the Defendant reported 112 on the front of the 'C' in the permanent residence B at around 23:52 on November 1, 2017, and prevented police officers E belonging to the D District of the Permanent Police Station that called the Defendant and the Defendant, and prevented the Defendant from leaving each other, who is the Defendant and the Defendant’s seat, and assaulted the Defendant at one time the chest part of the said E with the two hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reporting duties by police officers in uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the arrest and reporting of the occurrence of a case, internal investigation reports, photographs, and the handling of reported cases;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is not that of the nature of the crime in light of the background, method, etc.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

The defendant has no criminal history of the same kind.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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