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(영문) 대구지방법원 2020.04.28 2020고단76
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

At around 03:40 on December 8, 2019, the Defendant: (a) was under the influence of alcohol on the alleys adjacent to C convenience points in Daegu-gu, Daegu-gu; (b) committed assault by the Defendant, upon receiving a report from 112, the Defendant: (c) was under the influence of alcohol on the alleys adjacent to C convenience points in Daegu-gu; (d) was solicited by the Gyeongbu Police Station D District of Daegu-gu, Daegu-gu, Police Station, and Police Officer to return home; (b) was 2:3 times in 19 to 3 times in 19; (c) was under the influence of the Defendant’s purchase of the E, due to his own fault; and (d) was taking two to three times in 19 to 23 times in 19.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to a 112 reported case handling table, a copy of work log in the D District;

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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Selection of fines for the application of the sentencing criteria and the sentencing criteria shall not apply.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case of assaulting a police officer during the performance of official duties, and it is not good that the crime of this case is committed.

The favorable circumstances: The defendant is a first offender who has no criminal power, and is in depth against all of the crimes of this case.

The degree of force used by the defendant to police officers is not significant, and the police officers did not have the status of the police officers due to the crime of this case.

The defendant seems to have committed the crime of this case contingently while drunk.

The injured police officers.

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