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(영문) 대구지방법원 안동지원 2020.02.19 2019고단886
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 November 22, 2019, at around 02:15, the Defendant sought to return home from D, a police officer of the CViewers Administrative Support Center, who is the police assigned to the CViewers Administrative Support Center, while sitting in a state of drinking in B, and assaulted twice the parts of the above D with double hand and once the bridges.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the office building of the police assigned for viewing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to uniforms and photographs of the victim);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that undermines the function of the State by nullifying the legitimate exercise of public power, and its nature is not good.

However, the defendant committed the crime of this case in a somewhat contingent and contingent manner under the influence of alcohol, found the police assigned for special guard who suffered damage and received a written agreement from the defendant, the defendant was a primary offender who has no record of criminal punishment, and other circumstances, such as the defendant's occupation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., shall be determined as ordered by the order.

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