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(영문) 부산지방법원 서부지원 2020.05.15 2019고단2704

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 7, 2019, at around 13:00, the Defendant committed assault, such as assaulting the cell phone with the Defendant’s 112 report that domestic violence occurred at the Defendant’s house located in the Busan Shodong B and the second floor, following the Defendant’s entrance to the Defendant’s house, and asking the Defendant for the circumstances of the instant case, “When you enter her mother’s house as her mother, she shall do so.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of a list to handle 112 Reporting Cases), investigation reports (as to reference E and F Statements);

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is very bad in view of the crime circumstance, method, etc., where the crime of this case was committed by exercising the force of force on the body of a police officer performing official duties and obstructing the execution of his duties.

However, the defendant shows his attitude to repent and reflect his wrong behavior later, and there is no record of punishment for the same kind of crime.

In addition, the sentence shall be determined as per the order, comprehensively taking into account the following factors, such as the defendant's age and behavior environment, motive means, results of the crime, and circumstances after the crime, and the sentencing conditions shown in the records