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(영문) 대구지방법원 2018.09.07 2018고단3102
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 3, 2018, the Defendant: (a) 01:00, while drunkd in a studio parking lot near the Studio center located in Daegu Northern-dong; (b) C, a police officer belonging to the police station located in the Daegu Northern-dong Police Station B, who was dispatched upon receipt of a report 112, discovered the Defendant and moved the Defendant to the back seat of the D patrol vehicle; and (c) carried the Defendant’s walk and telephone conversations; (d) while the Defendant took a bath, “A” himself and herself took a bath, and obstructed the police officer’s legitimate performance of duties concerning the protection of the life and body of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, while under the influence of alcohol, assaults a police officer without any particular reason, thereby disregarding the public authority.

It seems that the damage caused by violence against the victimized police officers seems to be minor, the defendant seems to have committed the crime of this case by contingency, there is no criminal record against the defendant, the defendant has yet to extinguish, and the fact that the defendant is against the dignity is favorable.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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