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(영문) 의정부지방법원 고양지원 2020.07.24 2020고단1109

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 March 22, 2020, the Defendant reported 112 on the street in front of Seoyang-gu 2 apartment Cdong 1-2 Ddong 1-3, Goyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, 2020 and demanded the return of home from E in the circumstances belonging to the D District Unit of the Goyangyang Police Station D District, so under the influence of alcohol, the Defendant took a bath to the said E, and carried the body of the said E in both hands once.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to a police report on the investigation of the list of reported cases handled by the police for the defendant's legal statement E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the act of obstructing the performance of official duties by sentencing is likely to disregard public authority and disrupt criminal justice procedures, and thus, the defendant’s liability for the crime needs not be mitigated.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that he/she is against the facts charged, the primary offender, the fact that he/she is clear of social relationship, and the fact that one million won has been deposited for the victimized police officer, etc., the defendant's age, character and conduct, family relationship, means and result of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered