logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.13 2018고단640
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 21, 2018, the Defendant interfered with the performance of official duties, at around 21:40 on the road of the “C Authorized Broker” located in Daegu Northern-gu, Daegu Northern-gu, as a traffic problem with D and vehicle traffic, and the police officer F, who was working for the Daegu Northern-gu Police Station Edistrict at the police station, reported the luminous border and prevented the Defendant who tried to carry out the D and the body fighting from the patrol, and caused the police officer to interfere with the legitimate performance of duties related to the police officer’s crime prevention by assaulting the police officer by assaulting him, such as f’s face at the face of the police officer, fating fat, drinking, fat, etc.

2. The Defendant damaged property by destroying the victim’s property by destroying the market price, which was owned by the victim H, as the Defendant’s type G and the police officers, etc., who were at the same time and at the same place, prevented the Defendant from doing their actions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A H statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act, and the selection of fines for crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, while under the influence of alcohol, abused a police officer without any particular reason, appears to have neglected the public authority.

Considering the fact that the defendant is against the defendant, the degree of assault against the victimized police officer is relatively minor, the fact that the defendant seems to have committed the crime of this case by contingency, and the fact that the defendant has no record of criminal punishment, in favor of the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

arrow