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(영문) 대전지방법원 2020.06.19 2020고단159

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 15:37 on July 30, 2019, the Defendant, who was dissatisfied with the inundation and malodor of the sewage district in Pyeongtaek-gu, reported to the 119 situation room at the 119 situation room after drinking alcohol at the Defendant’s house located in Daejeon-gu, Daejeon-gu, on July 30, 2019.

At around 16:09 on the same day, the Defendant took a bath to the 119 first responder and the police officers, who were called upon the Defendant’s report at the place above 16:09 on the same day, stating that “I would not resolve the sewage apparatus problem, I am fright, bitch fright, bitch bitch, bitch bitch, son,” and left the sand son located on the ground floor to E, but she was boomed against D, while the Defendant was frighted against the Defendant, and assaulted at one time the face of D, who was out of the part where the Defendant was suffering.

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 made to D and E;

1. Domestic investigation reports, 112 reported case handling lists, notification to departments related to the reporting of 112 reported cases, C District Work Hours and investigation reports (investigation into attachment of video images);

1. Application of the Acts and subordinate statutes on sand hosts, faco-fabscam photographs and fabscambs;

1. In light of the relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act regarding the selection of fines, the background and content of the crime of this case, the selection of fines, and the necessity of strictly punishing the obstruction of performance of official duties, etc., the liability for the crime is irrelevant, the length of the mistake is divided, the degree of the tangible power exercised at the time is not limited, and the defendant received a letter from D, the victimized police officer, and the defendant received a letter of intent from the defendant at the time, and the defendant received a statement of desire from the police officer at the time, and there was no criminal history exceeding fines.