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(영문) 대구지방법원 포항지원 2020.05.27 2020고단132
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

1. On February 8, 2020, around 02:37, the Defendant damaged the victim’s property by having the victim’s EKa Ka-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-

2. On February 8, 2020, the Defendant: (a) around the main point of “C” as stipulated in the above “C” as stated in the above “C”; (b) on the one hand, the Defendant was sent to the police station F District G, etc. belonging to the Posnnam Police Station F District G, who was called upon the report of the 112 “C,” which caused the disturbance.

“In the face of the 112 Report Case at the end of the 112 Report Case, the shoulder of the slope H belonging to the same district unit, which was dealt with another 112 Report Case, was sealed by the knife, the shoulder of the cnife G, which was obstructed by the knife G, was sealed by the knife by the knife, one time in his hand, and the knife hnife H’s right hnife

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Each statement of I, J and K;

1. On-site and damaged photographs, work logs, and list of reported cases;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant statutory provisions concerning criminal facts: The point of obstructing performance of official duties under Article 366 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the motive and background of each of the instant crimes; (b) the obstruction and degree of performance of official duties against two police officers; (c) the victim of damage to property; (d) agreement with the victim of

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