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(영문) 대구지방법원 포항지원 2019.05.09 2018고단1620
공무집행방해
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 9, 2018, around 02:15, the Defendant was in the Daegu Dong-gu B, Daegu Dong-gu, and the Defendant was in front of C, and the Defendant was under the influence of alcohol, while under the influence of alcohol, the head of the F patrol car No. 3 of Newcheon Police Station D District, where he was on patrol duty and E (47 years of age) was on duty to prevent traffic accidents.

The Defendant asked the reasons why he set off the glass window from the patrol car, and assaulted E by drinking the left chest of E one time a week, i.e., “Ye Man nb nb nb nb.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes governing the place of work;

1. Article 136 (1) of the Criminal Act applicable to the crime and Article 136 (1) of the choice of punishment [including the following: Selection of a fine. Determination of a fine in light of the motive of the crime, although the nature of the crime was not weak and the punishment was not used by the victim, the defendant is in depth divided, contingent crime is an contingent crime, and there is no other criminal records other than punishment one time due to a fine for drunk driving in 2007, etc.];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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