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(영문) 광주지방법원 해남지원 2019.03.21 2019고단11

공무집행방해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On December 21, 2018, the Defendant: (a) around 00:30, at the entrance of the head of Jindo-gun, Jindo-gun, Jindo-gun, the head of Jindo-gun: (b) on December 21, 2018, the Defendant: (c) reported 112 and sent to the police box B of the Jindo Police Station B, who was called out after receiving the report, took the Defendant into the patrol vehicle in the vicinity of his residence; (d) but, at the same time, the Defendant obstructed the course of the patrol by preventing the patrol vehicle from getting out of the patrol vehicle and obstructed the progress of the patrol vehicle; and (e) C moved the Defendant in front of the patrol vehicle; and (e) C took the right face of the Defendant to the right side of drinking, and C took the front side of drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes to the service log of the police box, and to the 112 Reporting Cases Handling Decree;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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 grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was committed by assaulting a police officer dispatched after receiving 112 reports while under the influence of alcohol, thereby obstructing the police officer’s legitimate execution of duties.

In light of the fact that the crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the national legal order by nullifying a legitimate exercise of public authority, and that the defendant was sentenced to imprisonment with labor for one year on August 16, 2018 for the crime of violation of the Road Traffic Act and without being sentenced to two years of suspension of execution, and that the defendant committed the crime in this case without being sentenced to two years of suspension of execution, and that the defendant was subject to criminal punishment over twenty times, and that he was subject to punishment by fine for the same crime in around 2013, the criminal liability of the defendant is not weak.

However, the defendant recognized the crime of this case and himself.