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(영문) 대구지방법원 2020.10.21 2020고단2663
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 1, 2020, the Defendant reported on May 23:40, 1112 that “C” located in Jung-gu, Daegu Metropolitan City, would enter the said drinking house using his resident registration certificate, and reported it to the said drinking house by forgery.” On May 1, 202, the Defendant was sent to the site by the head E (Nam, South, and 33 years old) who is affiliated with the D Zone in the Daegu Jung-gu Police Station D Zone in Daegu, Daegu, which was called to the site, and when the Defendant was able to inquire into the particulars of the possession of the identification card, the Defendant saw the victim’s breast at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E and the police statement protocol of F to each investigation report of a public official for each police officer;

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the following factors: (a) the Defendant interfered with the performance of official duties by assaulting a police officer by obstructing him; and (b) the Defendant led to his confession of a crime; and (c) the Defendant has no record of criminal punishment; and (d) the Defendant’s age, occupation, process leading to the crime; (b) details of the crime; and (c) circumstances after the crime, etc. are considered as favorable grounds for sentencing; and (d) the Defendant

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