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(영문) 대구지방법원 서부지원 2015.02.06 2014고단1919
공무집행방해
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On August 5, 2014, around 00:30 on August 5, 2014, the Defendant, who committed a crime in the B District, was under the influence of alcohol by a taxi engineer C as a passenger, and refused to comply with his/her demand to stop at his/her destination while driving the taxi. On August 5, 2014, the Defendant was driving the taxi in the Suwon-gu Police Station located in Daegu Suwon-gu, Daegu-gu, Seoul-gu, and was driving the taxi as a passenger.

After getting off from the taxi, the Defendant she gets into the B District, and kidddd by both hand, who are solicited to return home from his slope E, and assaulted the E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

2. The Defendant, at the detention room of the Suwon Police Station, arrested a flagrant offender due to the obstruction of performance of official duties, such as the statement in paragraph (1), and was admitted into the detention room of the Suwon Police Station located in 2460 as of August 5, 2014, according to the Taesung-gu Suwon Police Station punishment around 04:00, he expressed that he was able to take a bath to the assistantF belonging to the above Susung Police Station, stating that he “at will be frighting. .... f. f. . . .. .. ... ............” the above F used the f’s chest at the detention room in the face of F in order to let the Defendant move the Defendant to the detention room.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of order in the detention room of police officers.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the nature of the crime by assaulting a police officer who is performing official duties on two occasions, the confession and reflect are made, there is no record of criminal punishment, and damage.

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