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(영문) 대구지방법원 2016.09.09 2016고단3312
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 10, 2016, at around 03:15, the Defendant was asked about the circumstances of the instant case from E in front of the “C” located in Sinsan-si B. On July 10, 2016, the Defendant: (a) expressed that “I would like to be asked about the circumstances of the instant case from the situation where the victim was dispatched to the scene after having received a report of the assault case; (b) would be plucking up twice the victim E’s face; and (c) was arrested as the offender under suspicion of interference with the performance of official duties from the Defendant’s police officer, who was dispatched to the scene; and (d) would have pluck up the victim’s face one time by spreading the victim’s neck to the floor; and (d) would have suck up the victim’s left hand by spreading the victim’s face to the victim’s face without having been pushed up.

As a result, the Defendant interfered with the legitimate execution of duties concerning criminal investigation and the handling of 112 reported cases, and at the same time, the Defendant and the same F inflicted injury on the victim E and the same F on each part of the loss requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect examination protocol of each police officer against the defendant or G;

1. Statement of each police statement with respect to E and F;

1. Application of the Acts and subordinate statutes to photographs, investigative reports (blucated video data), two copies of diagnosis reports, and the table of case handling reports, etc., investigation reports (the diagnosis and treatment of the victim F hospital), internal investigation reports (the details of the assault and treatment of the victim F police officer) and video reports (the details of the assault and treatment of the victim F police officer) or video reports;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. In the case of two police officers dispatched after receiving a report of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Police Officers sent to the police station. However, the degree of injury inflicted by the Defendant appears not to be serious, and police officers appear to be the Defendant.

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