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(영문) 대구지방법원 2018.08.24 2018고단819
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 15, 2017, around 00:04, the Defendant reported 112 to the Defendant’s residence located in Daegu-gu Seoul-gu, Daegu-gu, around 302, in front of the 302 memorials, the Defendant entered the said 302 place to verify the fact of damage from pro-child D, and the police officer E, who called out, entered the said 302 place to prevent the defect. In order to prevent the defect, “I left the place of her seat or the warrant of arrest. The police police has been going to close down.”

“A police officer E was pushed down one time by hand with the breast part of the police officer E, and the police officer F, who called up together, prevented the Defendant from stopping the front door, making him at one time by hand, and the police officer F, who called up at the same time, did not want to close the front door.

Accordingly, the defendant assaulted police officers who perform duties related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes on the disposition of work log and 112 reported cases;

1. Relevant Article 136 of the Criminal Act and Article 136 (1) of the Criminal Act and the selection of fines for criminal facts;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the punishment of suspended sentence for violent crimes, are the same as the defendant has been punished several times. However, in light of the fact that the defendant is against his/her mistake, the degree of violence is relatively minor, the defendant has agreed with the victims, the defendant has a disability such as hearing impairment, and there is need to care for his/her sonD with a intellectual disability, and the defendant should be punished as a fine in consideration of the defendant's economic situation.

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