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(영문) 대전지방법원 2021.03.11 2020고단4936

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 4, 2020, at around 00:20, the Defendant was sent to the emergency room of the Daejeon District Labor Welfare Corporation (Law No. 637), before the Daejeon District of the Daejeon District of the Labor Welfare Service (Law No. 119), and the Defendant was dispatched from the front of the Daejeon District of the emergency room to the front of the above emergency room, and then the Defendant was sent to the front of the emergency room, and the victim fire officers D were sent to the front of the emergency room, the Defendant prevented the Defendant from leaving his body by threatening the Defendant’s concern that the Defendant would face, and assault the victim’s left part of the road once.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officials with respect to emergency service activities under 119 reports.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on the investigation report of the police statement made by the defendant with respect to the defendant's legal statement D (to attach CCTV images), investigation report (to attach photographs on damage); investigation report (to attach CCTV images); and

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

1. The scope of punishment by law: A fine not exceeding ten million won;

2. The defendant has exercised physical power against a fire official dispatched to rescue the defendant, and the crime committed against a public official who performs official duties is not good.

However, it is a circumstance favorable to the defendant that the defendant's act is minor that the degree of obstructing the execution of official duties is minor, that the defendant has no record of punishment for violent crimes, and that he is against the crime of this case.

Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc., are disadvantageous to such defendant.