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(영문) 창원지방법원 마산지원 2021.02.02 2020고정421

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On August 30, 2020, the Defendant, at the entrance of the C District District located in the Masan-si, Changwon-si, Chungcheongnam-si, Seoul Special Metropolitan City on August 22 and 55, 2020, was on board a taxi operated by a private person driving a taxi in the same Simsan-si, Masan-si, and changed the air conditioner to the air conditioner while he was on board a cab operated by a private person driving a taxi in the same Simsan-si, Masan-si, and became a taxi driver and a city guard, and visited the C District of the Masan-dong Police Station in

C District guard E, who was working in the situation at the time, conducted scam disinfection and physical temperature measurement out of the entrance in accordance with the guidelines related to coaches or 19, and the defendant tried to have his body contact when the defendant sent a bath to Do drivers D who visited the C District and asked the defendant about the reason that he visited the C District, and in this case, the reason why E, who was the officer of the damaged police, was prevented from doing so.

“In doing so, the Defendant took aggressive actions, such as 5 to 6 times the front chest part of the E in front of the damaged part of the left shoulder, and assaulted by the Defendant, and facing the body at the CW entrance.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the visit report case by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes to a criminal investigation report (to capture photographs and images attached);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinions of the public prosecutor: Fines of five million won;

4. The Defendant, who was sentenced to sentence, committed an assault and interfere with the performance of official duties by breathing the police officer, such as breathing him at the boom and pushing him on the breast part.

It is not good that a crime is committed by exercising a direct force on police officers.

(b).