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(영문) 대구지방법원 2018.03.30 2017고단6836
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 15, 2017, at around 19:57, the Defendant reported to 112 that the Defendant would drink B and drink B and would not contact with the Defendant on the front side of the Bosone Star River, which is located in 259-6, Dagdong-gun, Dagdong-gun, Gandong-gun, and that it would not contact with the Defendant. On the other hand, the Defendant reported to 112, the Defendant: (a) the police officer, who was called upon receiving the above report, was informed of the circumstances of the instant case from the Defendant; and (b) the police officer, who was called upon upon receiving the said report, would be responsible for the moving of the case.

The patrol car prevents the police officer from departing from the front door of the patrol car and preventing him from departing from the patrol car, and the police officer E, despite verifying the Defendant’s check that he returned home to the Defendant and informed the Defendant of the fact, put the vehicle behind the patrol car, interfered with the police officer’s failure to board the vehicle, interfered with the police officer’s failure to obstruct the Defendant from getting on the vehicle, thereby blocking the police officer’s cell phone, cutting the cell phone into a mobile phone to keep the Defendant from getting on the vehicle, and assaulting the police officer by taking the cell phone to keep him from getting on the vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The details of processing reported cases, and the application of the C District Work Site Act and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant has a criminal record of the same kind, the defendant's reflects himself, the fact that the defendant has no criminal record exceeding the fine, the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc., shall be determined as ordered by the sentence in consideration of the records.

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