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(영문) 대구지방법원상주지원 2020.08.19 2020고단97

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 5, 2020, at the defendant's house located in B apartment C at a permanent residence on March 5, 2020, the defendant was reported 112 as the date he assaulted the defendant's her his her her son at the house located in B apartment C, and the police officers were called out, and the victim E and the defendant's co-owned market price of 200,000,000 won were turned out to the floor and damaged by a string.

2. On March 5, 2020, at around 21:46, at the place indicated in paragraph (1), G, a police officer of the resident police station who was dispatched to the site after receiving a report of 112 for the foregoing reason, prevented the Defendant from damaging the Defendant’s property, and assault G’s chest by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are incidental to the Defendant’s office at home, and assaulting the police officer dispatched after receiving a report, so the case is not less exceptionally.

However, it is not high-priced thing as a co-owned thing of the defendant, which is in the order of the defendant.

It is difficult to see that the force of the defendant inflicted on the police officer is significant, and the police officer did not injure the police officer.

In this context, the sentencing conditions of the instant case, including the Defendant’s age and behavior environment, motive means, results, and circumstances after the crime, and the sentencing conditions indicated in the records, shall be determined as per the disposition.