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(영문) 대구지방법원 포항지원 2018.07.24 2017고단1592
사기등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On November 13, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:51, the Defendant ordered “D” music stores located in Northern-gu C at a port; (b) the Defendant ordered the business owner, who is the business owner, to drink with an amount equivalent to KRW 300,000,000 at the market price; and (c) did not impose a value without justifiable grounds.

2. The Defendant interfered with the performance of official duties, at the above date, at the above place, and at the 112 report, was sent to the scene by the F Police Station, a police officer affiliated with the police box, and was asked by G about the particulars of the report, “if he reported, she shall not have treated the civil petition, or fright bitch bitch bitch bitch bitch bitch bitch, rings, rings, rings, and plicates. However, the Defendant used the chest part of G’s chest by her hand twice, tightly, and spawn by her head.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant Article of the Punishment of Minor Offenses Act and the point of non-choiced type of punishment for the crime: Article 3(1)39 of the Punishment of Minor Offenses Act (Optional to a punishment) interferes with the performance of official duties: Article 136(1) of the Criminal Act (elective to a punishment);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act, namely, in light of the following: (a) a police officer who performs legitimate duties, and the nature of the crime that interferes with the performance of official duties of this case by using violence, is not weak in light of the content of the crime; (b) the degree of violence used in the crime that interferes with the performance of official duties of this case is not significant; (c) the degree of violence committed in relation to the crime that interferes with the performance of official duties of this case is not excessive; and (d) the motive, means and consequence leading up to the crime of this case; and (d) the circumstances after the crime.

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