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(영문) 대구지방법원 2016.04.21 2016고단280
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] On February 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Daegu District Court (a group, a deadly weapon, etc.) and completed the execution of the said sentence on July 11, 2015.

[ 범죄사실] 피고인은 2015. 9. 22. 03:35 경 대구 동구 B에 있는 C 주점 내에서 술값을 계산하지 않는다는 112 신고를 받고 출동한 대구 동부 경찰서 D 지구대 소속 경찰 관인 경위 E, 경사 F에게, “ 꺼져 라 씹할 놈 아, 영장 가 꼬와, 함해 보자 말이 가, 이 개 자슥아, 꺼져 라 잘못한 거 없다.

The police officers are arrested as flagrant offenders in the act of committing an act of committing an offense in the Daegu East-gu Police Station D District Office in Dong-gu, Daegu-gu and continued to commit the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in the act of committing an offense in

The term "Iskin son" means "Iskin son", and by intimidation, the police officers interfered with legitimate execution of duties concerning the dispatch of 112 reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, H and F;

1. A complaint;

1. A copy of the work log;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the current status of suspects and attachment of judgment attached thereto);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a intimidation of a police officer in the course of performing official duties under the influence of alcohol by the Defendant, and the Defendant was sentenced to ten months of imprisonment due to an injury, etc., and committed the crime of this case without being aware of it during the period of repeated crime after the execution of the above sentence was completed, and thus, the liability for the crime of this case is not weak.

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