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(영문) 대구지방법원 2018.05.30 2018고단812
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant of the 2018 Highest 812, Nov. 18, 2017, at the C cafeteria parking lot located in Sinsan-si B around 01:50 on Nov. 18, 2017, saying, “A drunk person fright to walk” is subject to a 112 report and is subject to a disposition of notification to the Defendant by the police officer affiliated with D District of the Gyeongsan Police Station D who called to the site as a drinking disturbance.

The defect complaint is that "the inside of the country was leading the representative of the country, it was difficult to escape from the inside of the country," and assaulted by double hand such as flabing a ebbbbial, skeing, etc.

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

On March 2, 2018, the Defendant, at around 00:15, obstructed the victim’s convenience store business by force for about 40 minutes, such as: (a) under the influence of alcohol at “G convenience store” located in F in Busan Metropolitan City, the Defendant expressed the victim H (n, 18 years of age) who is an employee, “sprinking” and threatening the victim as if he/she were at the time.

Summary of Evidence

"2018 Highest 812"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The report of internal investigation (the photograph of parts damaged by fire) 2018 Maz. 1542;

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of H and I

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for the crime;

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 with the detention of the workhouses have the record of having been sentenced to a fine several times for the same kind of crime, and under the influence of alcohol, the crime of this case was committed, but the degree of assault and interference with duties is relatively minor in the crime of this case, and the defendant is divided into his mistake, and the decision is delivered with the order to punish the fine.

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