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(영문) 대구지방법원 2017.04.28 2016고단6496
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

On September 20, 2016, at around 16:50, the Defendant: (a) kept a slope E (45 years old), a public official of police officer belonging to the Daegu Southern Police Station D District, who was a police officer belonging to the Seoul Southern Police Station D District, to arrive at the site after receiving a report of domestic violence at the parking lot located in Daegu-gu, Daegu-gu; (b) pushed the chest part of the above E on the parking lot floor while under the influence of alcohol; and (c) held several arms on the left part of the above E on drinking; and (d) the Inspector F (46 years old) who was a police officer, who was the police officer dispatched to this, was selling the said F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of statutes on site photographs;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for the same kind of crime and again commits the crime in this case during the period of suspension of the execution of the punishment is disadvantageous.

However, the following facts are considered: (a) the Defendant is against whom the Defendant was arrested at the time of the instant crime; and (b) the Defendant appears to have been bequeathed by failing to properly express his voice due to the injury during the process of arresting the Defendant.

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the family relationship of the defendant, the background of the crime in this case, the degree of violence against police officers, the age of the defendant and sexual conduct, shall be determined as the sentence as ordered.

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