(영문) 대구지방법원 2013.04.04 2012고단6881

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(영문) 대구지방법원 2013.04.04 2012고단6881

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 20, 2012, at around 20:10, the Defendant: (a) prevented the Defendant from entering the above studio by the police box of the Gyeongsan Police Station, which was called upon receiving a report on the protection of the Defendant’s wife D, prior to the E-won room where the Defendant’s wife D was living; and (b) prevented the Defendant from entering the above studio, the police box of the Gyeongsan Police Station, etc. called upon upon receiving a report on the protection of the said D; and (c) caused the said G to go into the said studio; and (d) took a serious bath for the said G to go through the said studio

Accordingly, the defendant interfered with the legitimate execution of duties concerning the field exit work of the above G.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to investigation report (a document to be attached, such as a copy of the night service day);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are as follows: (a) since the defendant did not know even though he was under repeated offense, and committed the crime of this case, it is reasonable to punish the defendant strictly; (b) the defendant committed the crime of this case by drinking and contingently, and the degree of assault by the police officer is relatively minor and thus the police officer does not cause any particular damage; (c) if the defendant is sentenced to imprisonment, it is deemed that the crime of this case cannot be sentenced to a punishment for a crime during the period of repeated offense, and thus, the punishment is too heavy compared to the contents of the crime; and (d) the defendant was detained and detained for 40 days or more after he was absent during the trial of this case.

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