(영문) 대구지방법원 포항지원 2015.04.30 2015고단27

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(영문) 대구지방법원 포항지원 2015.04.30 2015고단27

공무집행방해

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

At around 23:53 on January 5, 2015, the Defendant: (a) told the police officer, who was under the influence of alcohol at the 'C' station located in the north-gu B at the port of port, and received a report from 112, to return home from the police officer E at the port of port and north-gu, and called, “I see whether or not I will go after the democratic police; (b) there is a crime of internal violence; and (c) caused the police officer’s legitimate performance of duties concerning public safety and maintenance of order.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the police officer, who was dispatched by the defendant after receiving 112 a report, interfered with the performance of official duties by assaulting the police officer, without any justifiable reason, and the police officer arrested as a flagrant offender and takes a bath at the police box, and considers the defense within the police box as a flagrant offender, etc. continues to be disturbed, and there are many records that the defendant had been punished, including suspended execution, and the crime of this case was committed during the period of suspended execution.

However, the content of assault itself is very minor because the head of flab and the chest was flabed once, and it is relatively minor for the defendant to commit the same kind of crime, but there was no criminal conviction due to the same crime. While the crime of this case was committed during the period of probation, the crime of this case was committed during the period of 2 years and near the two-year period prior to the commission of the crime of this case during the total period of 3 years under the overall probation, the defendant was able to commit the crime, and there were various records such as the defendant's age, character and behavior, environment, and circumstances before and after

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