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(영문) 수원지방법원성남지원 2020.11.18 2020고단1377

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

At around 20:20 on April 17, 2020, the Defendant: (a) committed assault, such as drinking alcohol at the C cafeteria parking lot located in Gyeonggi-si, Gwangju-si, and reporting 112 on this-related facts, and having been dispatched to the site, by the police officer of the Gyeonggi-gu Police Station, who was dispatched to the site after having received a report on 112, asking the Defendant to ask him/her personal information; (b) attempted to ask him/her his/her fingers; and (c) continuing to arrest E/her face twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of E (Obstruction of Performance of Official Duties);

1. A written statement prepared by the F;

1. Application of the Acts and subordinate statutes to the photograph related to the case, the 112 Report Processing List, the investigation report (CCTV image analysis), the CCTV image CD, the investigation report (victim F telephone conversations), and the investigation report (person G telephone conversations);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of obstruction of performance of official duties is a serious crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.

However, in light of the fact that the defendant appears to reflect on the crime of this case, it seems that the defendant was under the influence of alcohol and the crime of this case is committed, there is no criminal history, the victim does not want the punishment of the defendant under the agreement with the victim, the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence identical to the order shall be determined in consideration of the sentencing conditions stated in