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(영문) 대구지방법원 2017.01.20 2016고단5743
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On October 2, 2016, the Defendant was discovered to the Daegu Suwon Police Station E and the superintendent of the police station affiliated with the Defendant, in front of the 'CMat' in Daegu Suwon-gu, Daegu Suwon-gu, about 17:50 on October 2, 2016.

The defendant, who was notified of the above police officer F of the measure of the violation of the traffic method by classification of the vehicle and the violation of the traffic method of the vehicle by the police officer F for about 20 minutes, issued a notice of the disposition to the victim, and the victim was assaulted by the victim, such as making the chest of the police officer one time by hand, even though the victim was asked for about 20 minutes.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to F in the police statement protocol;

1. Application of each of the Acts and subordinate statutes described in a written statement and an investigation report (Attachment of work log);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, committed assault against the police officer controlling the defendant, who was dissatisfied with the control, but the degree of assault committed by the defendant was not serious, and the defendant does not have been punished more severe than the fine or punished for the same kind of crime, etc., shall be determined in consideration of the conditions for sentencing favorable to the defendant, other conditions for sentencing, such as the defendant's age, sexual behavior, and circumstances after the crime, etc., and by taking into account all the conditions for sentencing that are favorable to the defendant.

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