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(영문) 대구지방법원 안동지원 2015.04.07 2015고단10
공무집행방해
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 23:55 on December 28, 2014, the Defendant saw the disturbance without paying the drinking value at the cafeteria “C” restaurant in Ansan-si B, A, and obstructed the police officer’s legitimate performance of duties in relation to the handling of reported duties by assaulting the e on the right hand hand hand hand hand hand, and assaulting the e at one time to pay the drinking value from the slope E belonging to the Ansan-dong Police Station D box called upon receipt of the business owner’s notification.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In order to establish the legal order of the country with reasons for sentencing Article 334(1) of the Criminal Procedure Act, there is a need to strictly punish the crime of obstruction of performance of official duties.

However, there is no record of punishment for the same crime prior to the instant case, and there is no punishment for the suspension of execution or heavier punishment.

In addition, recognition of the crime of this case and attitude against it is shown.

As above, in consideration of the circumstances favorable to the defendant, the punishment like the order was determined considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. as shown in the pleading.

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