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(영문) 대구지방법원 김천지원 2019.09.26 2019고단726

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 July 5, 2019, at around 01:30, the Defendant: (a) received a report from 112 on the front side of the “scam Park,” located in 19-4, Jinyeong-dong, Jinyeong-si, Jin-si; and (b) sent to the scene, the Defendant expressed his desire to read, “I will scam out why I will d'e d', the former scam of which is a flagrant offender, and then arrest the police officer at the police station B of the Gyeong-gu, Nowon-gu, Police Station B, which was called to the site, to take the back of the police officer on his hand, and considered him to have his head knife.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the 112 Report, the detailed statement of processing the case, the report of internal investigation (Attachment to a separate letter of arrest of a flagrant offender), and each capture to a photographic statute;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that there is no other criminal records other than the punishment of a fine imposed once on the defendant for the crime of this kind in 2016, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all the sentencing shown in the pleadings of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.