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(영문) 대구지방법원 김천지원 2017.06.09 2017고정228
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On January 27, 2017, the Defendant: (a) around 21:32, at the convenience store operated by the victim D (Woo, 54 years old); (b) on the part of the victim D (Woo) in Gumi-si; (c) on the part of the victim D, the Defendant fested the pite, spite, pite, and spit down the pite on the floor; and (d) the victim, etc. was placed within the convenience store, and thereby, obstructed the victim’s convenience store operation by force.

2. The Defendant interfered with the performance of official duties, upon receiving a report on the acts of interference with the duties, such as the date, time, place specified in paragraph 1, and the items stated in paragraph 1, and committed assault by F, a police officer affiliated with the police box of the old-U.S. police station, such as questioning about the circumstances of the instant case, taking a bath, spiting brinss on the floor, and spits down the said F’s arms and chests on his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to report internal investigation (as to the situation at the time of dispatch to the scene, statement by a witness, posting a photograph, etc.);

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defense counsel of the defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime;

The argument is asserted.

According to the records of this case, it is recognized that the defendant committed the crime of this case with a little drinking.

However, in full view of the circumstances and methods of the instant crime, the Defendant’s behavior before and after the instant crime, etc., may change things due to drinking at the time of the instant crime.

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