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(영문) 대구지방법원 포항지원 2017.05.31 2017고단296
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 9, 2017, at around 01:40, the Defendant: (a) in front of the “E Police box” located in the Northern-gu, Northern-gu; (b) during the process of checking the developments of G and the police box belonging to the female-friendly F and the police box belonging to the North Korean Police Station of the Port of the Republic of Korea by having a dispute with G and the police officers; (c) during the process of checking the situation, the Defendant: (d) attempted to dispatch the scene upon receiving a 112 report; (d) obstructed the police officer of the patrol car; (e) obstructed the patrol officer from opening; and (e) took a boom at the request of G to turn off; and (e) assaulted G’s her face one time with the left her face; and (e) assaulted G’s buck.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of each statute on photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense, Article 136(1) of the same Act, the selection of fines (including the violation of his/her mistake, such as seeking a letter of application by a victimized police officer, etc.), the absence of any particular criminal record, the obvious social relationship, and other consideration of the defendant's age, environment, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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