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(영문) 수원지방법원 안양지원 2019.10.30 2019고단1801

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

At around 00:45 on July 12, 2019, the Defendant, upon receiving a report from 112, that “the drunk male continues to take a bath while female,” sent to the site, sent the Defendant’s desire to ask the Defendant personal information, “I am fry, I am fry, I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son and son son son son son son son son son son son son son son son son son son son son

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D and E;

1. A written statement of F and G;

1. Application of statutes governing obstruction of performance of official duties;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on D with heavier police officers than the latter shall be imposed);

1. Selection of an alternative fine for punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors shall be comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the records and arguments, such as the circumstances after the crime.

D. Unfavorable circumstances: The crime of this case was committed by the Defendant while under the influence of alcohol by assaulting police officers who handle the 112 reported case against the Defendant, and its nature is poor in light of the form of crime.

The crime of obstruction of the performance of official duties, like this case, needs to be punished strictly in order to eradicate the state's awareness of public power and to establish the state's legal order.

The defendant did not reach an agreement with the victimized police officers.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime.