(영문) 대구지방법원 포항지원 2015.04.16 2014고단1304

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(영문) 대구지방법원 포항지원 2015.04.16 2014고단1304

공무집행방해

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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

At around 22:50 on November 25, 2014, the Defendant: (a) 112, while drinking C and C, a workplace guard at the front line of the north-gu, North Korea at port; (b) her body fighting, and was called up after receiving 112 reports, and the police officer E (the age of 51) called the fighting box; (c) stated that “I would like to go to the head of the Pose, I would like to go to go to the police; (d) I would like to go to go to the face of E, and would interfere with the police officer’s legitimate performance of duties in relation to public security and maintenance of order.” (d) The Defendant took the 112-round 25, 2014, saying, “I would go to go to the head of the Pose, I would like to go to go to the police.” (d) The Defendant interfered with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is a bad character in light of the fact that the defendant uses assault to police officers along with abusive language.

However, the degree of obstruction of the performance of official duties of this case does not seem to be particularly heavy, the defendant has no criminal records or fines exceeding the previous records or fines due to the same kind of crime, the defendant's mistake is against the defendant, and the defendant's age, character and conduct, environment and circumstances before and after the crime are considered, and the punishment against the defendant shall be determined as ordered by the order.

참조조문

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