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(영문) 대구지방법원 김천지원 2017.03.24 2016고단1403 (1)
공무집행방해등
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

Criminal facts

1. The defendant who has refused to leave the military court on August 31, 2016, was under the influence of alcohol in the victim C's house located in Kimcheon-si B around 12:30, 2016

During the period of having avoided, there was a demand from the injured party to the period from that time to 13:10 on the same day, but the demand was rejected without justifiable reasons.

2. On August 31, 2016, the Defendant: (a) committed assault, such as assaulting a disturbance as described in paragraph (1) around 13:10 on August 31, 2016; (b) the police box of the Kimcheon Police Station, which was called upon D and demanded him to return home from F (5:3); (c) the security guards assigned to the police box of the Kimcheon Police Station, who was called upon upon D and demanded him to return home from G (48:3); and (d) the said F and G’s regular lectures are walkinged once every time; and (e) the F’s shoulder is cut off by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A written statement;

1. Investigation report (written request for evacuation and confirmation of intention of punishment, which is the owner of the house);

1. 112 Reporting case handling table;

1. Application of the photographic Acts and subordinate statutes;

1. Article 319(2) of the Criminal Act of the relevant Act concerning the facts constituting an offense (the point of refusing to leave) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each alternative fine for punishment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, refused to comply with the request for withdrawal from the victim C’s house, and obstructed the performance of official duties by assaulting two police officers dispatched after receiving a report.

The Defendant is against the instant crime.

The victim C is not punished for the defendant.

Criminal punishment against the defendant for the same crime.

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