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(영문) 대구지방법원 김천지원 2015.07.16 2015고단394
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 23:30 on March 28, 2015, the Defendant: (a) tried to assault B while taking a bath at the street in front of the entertainment city 1 complex in the Guro-si, Sinsi; (b) while the Defendant was taking a cab driven by B while taking a bath at the taxi; and (c) was driving away from B who escaped from the taxi, the police officer of the Gyeongbuk-gu, Nowon-gu, U.S. police station C commander of the Madern Police Station, who was on the duty of the Madern patrol, observed the above light; and (d) obstructed D in order to see and correct the Defendant.

Accordingly, the Defendant interfered with police officers' patrol and legitimate execution of duties concerning crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made with respect to D and B;

1. Application of Acts and subordinate statutes to an investigation report (Attachment, etc. of Police Certificates);

1. Article 136(1) of the Criminal Act applicable to criminal facts and Article 136(1) of the choice of a sentence, the selection of a fine (limited to cases where a person commits a crime as stated in its reasoning in the case of a crime committed again during the period of suspension of execution due to driving, or in the same manner as stated in its reasoning). However, after the period of suspension of execution of sentence due to driving, the punishment should be imposed upon him; however, after the period of suspension of sentence, the person’s mistake was deemed to be both visible and in depth, and later, the police officer agreed with B and made efforts to commit a crime

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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