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(영문) 춘천지방법원 2021.02.15 2020고단1250

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2020, the Defendant reported 112 on the road B in front of Chuncheon City, 07:30, “A person is in front of the parked vehicle,” and the circumstances leading up to the seat of the Chuncheon Police Station C District of the Chuncheon Police Station, which caused the Defendant and attempted to verify his/her personal information, and assaulted the chest part of the said D on one occasion with a bad hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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 was that the Defendant assaulted a police officer dispatched for the safety of the Defendant upon receiving a report 112 under the influence of alcohol and interfered with the execution of his duties, and the nature of the offense is not weak.

However, taking into account the following: (a) the Defendant appears to repent and reflect his mistake; (b) the Defendant committed the instant crime by contingency; (c) the Defendant appears to have expressed his intent to commit the crime several times; (d) the victimized police officer is unable to express his or her position to agree with the Defendant as a state public official or to favor the Defendant; (c) the Defendant submitted a written application stating that “A state public official is unable to express his or her position to agree with the Defendant or to favor the Defendant to the greatest extent permitted by the Act; and (d) there is no criminal history against the Defendant.

In addition, the punishment as ordered shall be determined in consideration of various sentencing factors in the trial process of this case, such as the age, sex, intelligence and environment, family relationship, circumstances at the time of crime, etc.