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(영문) 의정부지방법원 고양지원 2020.06.26 2020고단1019

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

At around 14:00 on March 28, 2020, the Defendant: (a) stated that “no son will pay a substitute fee to the Defendant; (b) on the street in front of Seoyang-gu, Youngyang-gu; (c) the 112 report was sent to the Defendant; (d) the Gyeongyang Police Station D Zone E, which called the Defendant that “I will pay a substitute fee to the Defendant; and (b) assaulted the above E on the ground that the son, who was called the Defendant, paid a substitute fee to the Defendant, he would return home; and (d) as the son would go back to the above E, she will go up with the Defendant’s hand; and (e) continuously fluened the body of the said E twice by having the son’s hand sealed and pushed it twice.

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 investigation report (absent image attachment) by the police's written statement of statement F to the defendant E in the court statement;

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 fact that the defendant stated that he/she is against the facts charged, that he/she has no previous conviction and sentence, that it is obvious that he/she has a social relationship with him/her, the circumstances favorable to the defendant shall be considered, and the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, family relationship, means and result of the crime, and the circumstances after the crime