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(영문) 대구지방법원 2016.04.21 2016고단689
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 6, 2016, the Defendant damaged the property by breaking up one type of separate collection box, where the market price, which is the victim's apartment management office, is unknown at the 102-dong-gu, Daegu Northern-gu, Daegu-gu, about 21:40, in the 102-dong Waste Removal and Collection Chapter.

2. Around 22:10 on the same day, the Defendant: (a) stated at the foregoing place that “I Y E District Police Station of the Daegu Northern Police Station; (b) I am to put the Defendant’s arms under the influence of alcohol by having been called out after having received a report on damage of property 112; and (c) I am to rest in toilets, and am to rest in toilets, I am to F after deducting the Company’s own arms.” and assaulted the Defendant at the same time when I am to the left part.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A damaged photograph;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a crime;

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 (hereinafter “the Act”) of the Trade Union and Labor Relations Commission’s detention in Nowon-gu, the Defendant immediately agreed with the victim of the damage of property immediately after each of the instant crimes, and the victim did not want to be punished against the Defendant since all of the victimized police officers several times. The Defendant is a fire-fighting official in good faith and has no record of crime up to now, and the Defendant is deeply divided into each of the instant crimes, and the Defendant’s age, sexual behavior, environment, circumstances of the instant crimes, and circumstances after the crime are determined by a fine and by taking into account the sentencing conditions shown in the trial process of the instant case, such as the Defendant’s age, sexual behavior, and environment.

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