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(영문) 청주지방법원충주지원 2020.08.26 2020고단407

공무집행방해

Text

The sentence against the accused shall be five million won or more.

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

Reasons

Criminal facts

Around 14:56 May 19, 2020, the Defendant received the report of 112 from the Defendant, who was the principal proprietor at the Dam apartment C, and received the notification from the police officer E, and the police officer, who was called to the site, two times consecutively due to the outbreak of the above E's regular lecture, and two times due to the sending of the F's streke, and two times due to the sending of the F's streke, from the front corridor of G at around 15:18 on the same day, the Defendant continued to arrest the said police officer at the front corridor at around 15:18 on the same day, "I am equal as a civilian, and am son. I am am dead." On the other hand, both sides of the above E's Hambbbuck and two times due to the violence of both the above F's 1, 25:00 each one on the right side of the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the defendant's legal statement E and the police statement made to F;

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

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, abused police officers who are performing official duties without any justifiable reason under the influence of alcohol.

In light of the background and method of the crime, the quality of the crime is not good.

The defendant shows his attitude to recognize and reflect his mistake in this court.

It does not seem that the degree of damage suffered by the damaged police officers is too serious.

In addition, taking into account the various sentencing conditions shown in the records and arguments, such as the defendant's age, environment, the fact that the defendant has no record of the same kind, and the attitude after the crime.