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(영문) 대구지방법원 2014.05.15 2014고단325
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 4, 2013, at around 20:20, the Defendant: (a) received 112 reports in front of “C” located in Daegu Suwon-gu D District District D District E and F, which called “C,” and (b) expressed the Defendant’s desire to “Isnize, “Is the police, if you are the police, or if you are the police, and there is no error of floson’s negligence; (b) floson’s floson’s floson’s floson’s floson’s floson’s floson’s floson’s floson’s face.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reports.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On November 4, 2013, at around 20:20, the Defendant, while drinking in front of the “C” located in Daegu Suwon-gu B, the Defendant publicly insultingd the victim by referring the victim to “Isle, Isle, Isle, Isle, and Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle.”

2. The reasons for dismissing the public prosecution are the crimes falling under Article 311 of the Criminal Act, and the public prosecution may be instituted only when a complaint is filed under Article 312 (1) of the same Act;

However, according to the records of this case, it can be acknowledged that the victim expressed his/her intent to revoke the defendant's complaint on November 25, 2013, which was after the prosecution of this case. Thus, the prosecution against this part is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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