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(영문) 대구지방법원 2015.02.06 2014고단5099
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 June 21, 2014, at around 21:15, the Defendant received 112 report that it would be slick due to the storm in the instant singing room located in Daegu Dong-gu, Daegu-dong Police Station Edistrict, Daegu-dong Police Station, and confirmed the owner, etc. of 125cc Austria, who had no number plate attached to the EdistrictF located in the relevant place.

We see the evidence of the desire to do so.

개새끼야"라고 욕설을 하며 경사 F의 신발을 향하여 침을 뱉고 담배꽁초를 던졌고, 계속하여 ’야이 씨발놈아 담배 하나 줘봐라‘고 말하며 같은 지구대 소속 경사 G에게 다가가 귓속말로 ‘개씨발놈아, 좃밥 같은 새끼들아, 증거 있나’라며 어깨를 밀치는 등의 폭행을 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of H and I;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is inferior to the nature of the crime that the defendant committed abusive and assault against the police officers to interfere with their legitimate performance of official duties. The fact that the juvenile protective disposition was committed for the same crime, and the fact that the police officers are aware of the fact that the police officers do not want the punishment of the defendant, that there was no record of criminal punishment under the age of 19, and that there was no history of criminal punishment under the age of 19. Other circumstances, such as the character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, etc.,

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