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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1301
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who resides in 109 Dong-dong 2105, Gu-si B apartment house.

On November 8, 2014, at around 02:05, the Defendant was under the influence of alcohol, but was found to have opened a door with the above apartment 112 Dong 2103, the Defendant was under the influence of alcohol, opening the door, and was forced to leave the entrance of the police box of the old U.S. police station C, which was called upon 112 report, along with D police officers assigned to the police box of the 112 suspender.

피고인은 D로부터 인적사항을 질문받자 D에게 “짭새 새끼들! 병신 같은 것들! 죽여버리기 전에 꺼져라!”라고 욕설을 하며 양손으로 D의 가슴을 1회 힘껏 밀쳤다.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of D;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the choice of fines (the fact that there is no record of criminal punishment other than a fine for one time due to a drunk driving in 2002, the fact that a person committed a crime under the influence of his/her behavior is deemed to have been shocked by all the criminal acts during the commission of his/her behavior after the occurrence of the crime, and the fact that it appears that the victim police officers would have attempted to commit a crime and received a letter of suspicion after the occurrence of the crime, and other factors such as the defendant's economic situation, family support relationship, and the wife's wife's wife's carbon details are considered);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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