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(영문) 대구지방법원 2017.01.13 2016고단4833
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. On September 20, 2016, at around 04:50, the Defendant: (a) received a request for a change from a policeman, who is a police official belonging to the police station belonging to the police station of the Daegu East-gu, Daegu-gu, where he was under the influence of alcohol on the flaps road of the building building B of Daegu-gu, Daegu-gu, and received a report from the flaging and flaging C’s vehicle in front of the vehicle, and called for a change from E (26 years old), who is a public official belonging to the police officer belonging to the police station belonging to the police station

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. 피고인은 2016. 9. 20. 05:15 경 대구 동구 F에 있는 D 지구대 앞 도로에서 제 1 항 기재와 같은 범죄사실로 현행범인 체포되어 순찰 차로 인치된 후 순찰차에서 내릴 수 있게 부축하는 위 D 지구대 소속 경찰 공무원인 경사 G(41 세) 의 오른쪽 정강이 부분을 1회 걷어 찼다.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement with respect to E, G, and C;

1. To enter working places marks, etc.;

1. Application of each video statute to the victim E-damage photographs, victim G damaged photographs, and black stuff photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which was reported by the Defendant, committed an assault against the police officer called out after receiving a report by the Defendant. However, the degree of the assault inflicted by the Defendant seems not to have serious but to not cause any additional damage, such as an injury, to the victimized police officer, etc., and the Defendant is only punished by a fine, and there is no less punishment for obstructing the performance of official duties, and the Defendant is favorable to the Defendant.

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