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(영문) 대구지방법원 2016.02.16 2015고단5991
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 6, 2015, the Defendant was arrested as a flagrant offender G with a police box belonging to the Daegu Southern-gu Police Station, on the grounds of the suspicion that he was at the time when he was at the time when he was at the time when he was at the time when he was at the time when he was at the time when he was at the time when he was at the time of his drinking.

Defendant 22:20 On the same day, the F police box located in Daegu-gu H around 22:20 on the same day “whether or not the Defendant does not take away from the person.”

" 하면서 갑자기 흥분하여 손바닥으로 위 G의 가슴을 1회 밀치고 주먹을 들어 때릴 듯이 위협하면서 “ 이 씹새끼야, 죽여 버릴까, 뭘 봐 눈까리를 확 파 버릴까 ”라고 협박을 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of each statute of the E, I and J;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of penalty);

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

1. The fact that the defendant has the same record as the reason for sentencing of Article 334(1) of the Criminal Procedure Act is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the motive, means and result of the crime of this case, circumstances after the crime of this case, age of the defendant, sexual conduct, family environment, etc., that the defendant should not repeat and repeat the crime, that the injured person does not want the punishment of the defendant by mutual consent with the victim, that the degree of violence and intimidation is minor, and that the degree of violence and intimidation is minor.

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