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(영문) 대구지방법원 2020.09.16 2020고단2762

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

On April 4, 2020, at around 02:50, the Defendant, on the front of the “Chop” located in Daegu-gu, Daegu-gu, with the report of 112, the Defendant used the victim’s face on one occasion on the front of the “Chop”, while identifying the circumstances of the instant case by the head of the police station affiliated with the D District of the Daegu-gu Police Station D District, Daegu-gu, which called the Defendant and F, who called “In the front of the Chop,” and assaulted the victim’s face on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reports.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's legal statement G, each police statement of the case 112, the list of reported cases, the place of service, the report on the occurrence of violence against public officials, and the application of Acts and subordinate statutes to the accused;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. The grounds for sentencing are as follows, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

The instant crime, which is an aggravated increase in illegality, prevents a police officer’s legitimate performance of public duties in a violent way, and in itself, causes not only damage to police officers, but also interference with the stability of social order and the maintenance of public order, which is the purpose of police public duties. Therefore, the quality of the instant crime is not less complicated.

It is a normal first offender to be considered, that the victim has used the defendant and has not been punished for the defendant, and reflects and repents.