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(영문) 대구지방법원 경주지원 2017.03.29 2016고단883
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 4, 2016, 2016, the Defendant was recommended by the Defendant to return home from E in the racing police station D police station, who was dispatched to the above site after receiving the report of the above C C 112, from the Defendant’s speech house located in the Defendant’s speech house located in the Defendant’s speech house located in the Sin-si, Sin-si on November 4, 2016, and was urged by the Defendant to return home from the Defendant E in the police station, and the police officer who prevented the Defendant from paying the trial expenses with C. The Defendant “I will do so to the Defendant Ha

Before putting a bath, “F was pushed down two times with the hand floor.”

Accordingly, the defendant assaulted F and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to identification cards and copies of work sites;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the criminal defendant uses violence against a police officer in lawful execution of official duties.

However, the fact that the defendant is against the defendant, the degree of violence committed by the defendant to the victimized police officer seems not to be relatively more severe, the fact that only the defendant has been sentenced to a fine, the fact that the defendant has a previous conviction, the fact that it seems difficult to support the three children and that economic circumstances are to be difficult, and other factors of sentencing as shown in the trial of this case are considered, and the punishment shall be determined like the order.

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