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(영문) 대구지방법원 안동지원 2019.05.03 2019고단101
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2019, around 23:10 permanent residence B and 2:10, the Defendant deemed that he was arrested as a flagrant offender of the crime of obstruction of performance of official duties before his permanent residence B and 2 housing, and thereby, in order to prevent this, the Defendant was in favor of E, who attempted to pay off the number jackets of E, who belongs to the D District Unit of the Permanent Police Station, and was in favor of E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to reports on internal investigation (on-site photographs, etc. in connection with the Csuspects) and reports on internal investigation (Attachment to the 112 Reporting List);

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

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, upon receiving a report 112 report, the Defendant sent the police officer a tangible force.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

However, the defendant is currently recognizing and opposing his mistake.

There seems to be some circumstances to consider the circumstances of the crime.

There is no particular criminal offense against the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, degree of exercise of force against police officers, circumstances after the crime, etc. are determined as ordered by considering all the circumstances revealed in the trial process.

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