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(영문) 대구지방법원 영덕지원 2016.04.20 2016고단27
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 February 8, 2016, at the parent house of the defendant in Yongduk-gun C around 00:30 on February 8, 2016, and on the defendant's objection to the friendly relationship, the defendant mentioned "in the house."

A police officer E (33) affiliated with a police box of Yeongdeungpo-gu Police Station, who was called upon 112 report, tried to separate the type of relationship with the defendant and listen to the circumstances of the case, and assaulted by having the defendant take the right hand over two times the left side of E with the right hand of the defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning E's handling of reported cases and suppression of crimes.

Summary of Evidence

The crime of this case on the grounds for sentencing of Article 70(1) and Article 334(2) of the Criminal Procedure Act, which is based on the criminal law applicable to the defendant's legal statement E, investigation report (the attachment of the victim's statement pictures), investigation report (the confirmation as to whether the victim's relative hospital medical treatment and the medical examination report are submitted), Article 136(1) of the Criminal Act applicable to the criminal facts subject to the law, and Article 136(1) of the choice of punishment (the penalty selection) of the Criminal Act (the crime of this case is an assault against the police officer who properly performs his/her official duties, and it is not easy for the defendant to be punished for the crime of this case.

However, the degree of interference with the execution of official duties is not relatively large, and there is no significant result for the victimized police officers, the defendant recognizes all his mistakes and shows a strong attitude of reflectivity, the defendant has no history of punishment beyond punishment or fine for the same kind of crime, and the police officers who suffered from the damage want to accept the defendant's death and want the defendant's wife in favor of the defendant.

In addition, all of the sentencing conditions, such as the defendant's age, sex, family environment, motive and background of the crime, means and result of the crime, and the circumstances after the crime, shall be determined as ordered.

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