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(영문) 대구지방법원 2013.07.18 2013고단3319
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 21:50 on April 7, 2013, the Defendant: (a) expressed that F, a police officer of the Suwon Police Station E Zone E District, who was a police officer of the Suwon Police Station E District, called F, who was called for gambling at a restaurant located in the Daegu Suwon-gu C, was able to arrest a flagrant offender with a suspicion of gambling; (b) F, who was able to kill the F’s breath; (c) f, who was f, who was flick at the gambling site; and (d) f, who was f, who was f, who was flicked to keep the breath of the F; and (d) who was f, who was f, who was f, who was flick with the right hand of the F, thereby interfering with the legitimate performance of public duties in relation to the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects concerning G;

1. A protocol concerning the examination of each police suspect against H, I, and J;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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 provisional payment order has the record of being punished for 30 times as violent crimes, and even though the defendant was sentenced to imprisonment for 8 months on November 13, 2012 due to the same crime as this case and was sentenced to a fine for the crime of injury, etc. on November 13, 2012, the case is likely to obstruct the performance of official duties during the period of repeated crimes, and the same is not easy.

However, it is decided as ordered by the court below in consideration of the following factors: the defendant committed a crime by contingency in the drunk, committed a mistake in depth, obstructed the performance of official duties, and the extent of violence is relatively minor, and the period of detention is up to one month, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances before and after the crime.

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