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(영문) 의정부지방법원 고양지원 2020.07.24 2020고단1320

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

On April 25, 2020, the Defendant: (a) received 112 report in front of the exit 1270 from the Hansan-dong-dong-ro 1270, Goyang-gu, Goyang-dong-dong-gu, Goyang-si, Goyang-do, on April 19:45, and requested that the Defendant move to India by causing the Defendant; (b) the police officials of the above police officials “I will know about the Chewing son, I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.”

As a result, the defendant assaulted C Inspector B belonging to the Jungdong Police Station B, which is a police officer, to interfere with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as on-site photographs of the police's written statement of statement D to the defendant's partial statement C, handling of the reported case list 112;

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 under Article 334(1) of the Criminal Procedure Act is that the act of obstructing the performance of official duties by sentencing is likely to disregard public authority and disrupt criminal justice procedures, and thus, the defendant’s liability for the crime needs not be mitigated.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that he/she is against the facts charged, the fact that he/she deposited one million won for the victimized police officer, the fact that he/she did not have been sentenced to imprisonment, the fact that he/she had been engaged in volunteer activities in the past society since 2006, etc., the punishment is determined as ordered in consideration of the defendant's age, character and conduct, family relation, means and result of the crime, and the circumstances after the crime.