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(영문) 대구지방법원 2019.05.02 2019고단391
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2, 2019, the Defendant: (a) around 03:45, around 03:45, at the 59-gil, Sinsan-si, Sinsan-si, 59-ro, B, to have the Defendant be able to have water sprinked and sprinked, to have water sprinked, to have water sprinked, to have water sprinked, to have water sprinked,

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse has interfered with the legitimate performance of official duties by assaulting and sprinking a police officer who causes water to breathebly breath in drinking, etc. under the influence of alcohol.

However, the fact that the defendant recognizes the crime of this case and reflects the depth so far, there has been no history of punishment so far, and considering the future as university students, and the degree of violence is not severe, the punishment as ordered shall be determined by considering the age, character and behavior, environment, circumstances before and after the crime of this case.

Public Prosecution Rejection Parts

1. On January 2, 2019, at around 03:45, the Defendant expressed in the charge that “a person who drives a drinking house causes a traffic accident” at the 8-gil, Sinsan-si University, 59-ro, 112, the Defendant: (a) asked the Defendant to inquire about the circumstances of the accident; and (b) requested a voluntary performance for the measurement of alcohol; (c) the Defendant expressed that “a police officer, who was a police officer, who was in charge of driving a drinking house, caused a traffic accident”, who was called “a police officer, who was in charge of driving a drinking house,” who was called “a police officer, who was a police officer, who was in charge of the police box of the Gyeong Police Station B

Accordingly, the defendant openly insultingd the victim.

2. This part of the facts charged is a crime falling under Article 311 of the Criminal Act, and a prosecution is instituted only when a complaint is filed under Article 312(1) of the Criminal Act.

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