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(영문) 대구지방법원 서부지원 2017.05.18 2017고단515
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On February 7, 2017, the Defendant violated the Punishment of Minor Offenses Act (hereinafter “The Punishment of Minor Offenses Act”), even though he/she arrived in front of the fourth-gun apartment house D, Daegu-gun, Daegu-gu, the destination of which was located in the Dong-dong, Seogu, Daegu-gu, Daegu-gu, Seoul-gu., the Defendant was under the influence of alcohol without paying KRW 8,300, 200 without justifiable grounds.

2. Around 19:50 of the foregoing day, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the prevention, suppression and investigation of the crime by assaulting the police officer, such as “I am bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit son,” which was sent to the front door of the above D apartment, on the following day, when the police officer of the Daegu-gu Police Station E box, which was called upon 112 report and demanded the Defendant to present his identification card.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. B written statements;

1. Application of the Acts and subordinate statutes to each internal investigation report, receipts, and each investigation report;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (1) 39 of the Punishment of Minor Offenses Act (Optional to the punishment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases 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 suspended execution;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] [the grounds for sentencing of Article 334(1) of the Criminal Procedure Act / [the scope of recommendations] no person [the person who is subject to special sentencing] in the basic area (from June to January 1) [the person who is subject to special sentencing] [the decision of sentencing] does not impose any damage due to interference with the execution of official duties, it is a contingent crime, and the defendant exceeds a fine.

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