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(영문) 대구지방법원 김천지원 2020.05.27 2019고단1552
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 23:40 on November 8, 2019, the Defendant was under influence of alcohol in the apartment door of the old-si B apartment house, and the Defendant was not under influence of alcohol in the taxi. However, upon receiving a report from the taxi article, the Defendant was under the duty of the police box of the old-si Police Station C, who called the Defendant, the police officer D, and E was under the duty of the police box of the previous U.S. police station that called the Defendant.

In addition, the above police officers confirmed that the defendant's domicile was Fdong in contact with the defendant's cell phone, and confirmed that the defendant's domicile was Fdong in front of the above Fdong by leaving the defendant in front of the above Fdong, and told the main and the above patrolmen to go "I, anywhere I, I must belong to", and to "I, I, you will see E's breast part of the defendant's cell phone with Gap's own hand, and flab "meb".

Thus, the above "I wish to help you go to house", and the defendant expressed that "I wish to go to house", and the defendant took a bath to E, followed the head part of E one time to go back to E, followed by drinking back to E, and the head part of E was sent to the above Gyeong who requested him to stop him and return home, and followed him once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's 112 reporting, withdrawal and protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which impedes the establishment of legal order and the legitimate exercise of public authority, requires strict punishment.

However, the fact that the defendant recognizes the crime of this case, the defendant has no other history of criminal punishment, and the degree of damage of the victimized police officers is not heavy, in addition to the punishment of a fine once for the crime of this case.

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