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(영문) 대구지방법원 서부지원 2015.04.02 2015고단134
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 December 20, 2014, at around 03:16, the Defendant: (a) committed assault to the said C with a large voice, “this dog, police officer rings, kh, kh kh kh kh kh, kh kh kh, kh kh kh kh kh khh, kh khh khh khhh khhh, hhhhh khhhh khhh khh khh khh khhh khh khh khhh, hhh khh khh khh hhh khh kh khh kh hh kh khh kh kh hh khh khh kh khh

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the police officer's 112 on-site visit service and the protection of the personal safety of the host.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of work place);

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

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 provides that a police officer who is performing official duties on the grounds of sentencing of Article 334(1) has no record of being punished in excess of the previous and fine; however, there is no record of assaulting against the defendant; the degree of assault is relatively minor; and the defendant's age, family environment, motive, means and consequence of the crime; and the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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