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(영문) 대구지방법원서부지원 2020.09.18 2020고단284
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 24, 2019, the Defendant committed assault, around 23:10, around 3, 2019, on the road in front of the exit 350, Seogu Seocheon-gu, Daegu, Daegu, on the road in front of the exit 350, the police officers belonging to C and D operation patrol vehicles called up after receiving 112 reported, and then recommended C and D to stop home, with their breasts described as their fingers, and c and D’s breasts described as their fingers.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, each police statement of each police officer with respect to C (as to attachment of a copy of a work log in the B District), investigation report (as to attachment of a photograph of a cellphone image data)

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have committed a single offense; (b) the primary offense was committed; and (c) the extent of the Defendant’s use of violence was not serious; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (b) the sentence as per Disposition is determined by taking into account all the circumstances, including the following circumstances.

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