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(영문) 대구지방법원 안동지원 2020.04.14 2019고단659
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 19, 2019, at the D entertainment tavern operated by C while permanently residing in C on a permanent basis on August 20:55, 2019, the Defendant: (a) stated that “I am knee, I am kne, but I am knee, I am kn't kn't k'; (b) I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn'; and (c) I am kn't kn

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference C);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) is that it is very difficult to commit a crime by assaulting the police officers dispatched after receiving a report from 112.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, means and results, shall be determined as ordered by taking into account the following factors: the defendant's recognition of his/her crime and has no record of punishment for the same kind of crime; and the defendant's age, character, environment

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