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(영문) 대구지방법원 김천지원 2015.06.18 2015고단236
공무집행방해
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

At around 03:30 on March 1, 2015, the Defendant was under the control of “D” restaurant in the Gumi-si, Gumi-si, on the ground that E was under the influence of drinking alcohol to G in the circumstances where E was under the influence of drinking, while the Defendant was driving a car driven by E along with E, as in the headline house operated by the Defendant.

피고인은 G이 E에게 음주측정을 위하여 동행을 요구하자 G 앞을 가로막고, “새벽 4시가 다 되어 가는데 이거 너무한 것 아닙니까, 오빠 왜 이래 봐줘”라고 말하며 손으로 G의 멱살을 잡아 밀치고, G이 휴대용 무전기로 지원요청을 하려고 하자 위 휴대용 무전기 안테나를 꺾어 당기고, 손톱으로 G의 좌측 얼굴과 목 부위를 할퀴는 등 폭행하고, 그 틈을 이용하여 E은 현장에서 도망하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of G and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. The pertinent Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of fines (the crime during the period of suspension of execution of punishment, and the defendant's act that practically interfered with the measurement of drinking alcohol to E who drink and drive alcohol, considering the fact that the act of the defendant was committed during the period of suspension of execution of punishment. However, the wheels seems to have committed an act contingently in the course of reaching that the act is deemed to have been committed. Since then, the police officer suffering from the crime against the victimized police officer does not want punishment, and considering the fact that the victimized police officer led to the crime does not want the punishment; and

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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