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(영문) 대구지방법원 2015.08.20 2015고단3246
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant 2015

6. 17. 23:17. At the front of Daegu Suwon-gu B, a flagrant offender was arrested as a violation of the Road Traffic Act.

The Defendant, on board the back seat of the 112 patrol police station, assaulted the face of D(31 years of age) to a police officer belonging to the Suwon Police Station C zone, who was sitting next to the police station immediately after departure from the hydro-police station.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. The reasons for the sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act does not apply the sentencing guidelines by selecting a fine (whether or not to apply the sentencing guidelines). [Decision of sentence] The sentencing guidelines shall not apply to the Defendant: (a) When the Defendant was a public official who ought to set an example to others, and was discovered while driving while under the influence of 0.131% of alcohol level, and thereby arresting him as an offender in the act of committing a crime, he assaulted the police officer and obstructed the performance of his duties; (b) previously he had the record of being punished for driving under the influence of alcohol level; and (c) a summary order of KRW 4 million is requested due to the driving under the influence of alcohol level in this case; (d) the Defendant is divided and against his mistake; (e) the police officer does not want the Defendant to be punished against the Defendant; and (e) other factors such as the motive, background, means and method of the instant crime; and (e) the Defendant’s age, character, experience

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