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(영문) 대구지방법원 안동지원 2020.06.17 2020고단19

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 02:00 on January 1, 2020, the Defendant received the Defendant’s 112 report of “C, at the time of permanent residence,” and attempted to have a police officer called “I am detained, I am soon, and I am on the patrol vehicle.” Accordingly, the Defendant expressed that E, a police officer belonging to the D District of the Permanent Police Station of the Permanent Police Station, was the Defendant, and then I am hicked the E’s body with two descendants, and followed the said E’s hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on criminal place and investigation report (verification of black booms by F patrolling Vehicles in the D District)

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. Not applying the sentencing criteria: Selection of a fine; and

3. Crimes related to the obstruction of the performance of official duties on the determination of sentence is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to impose severe punishment to establish national legal order and eradicate the light of public authority.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was the first offender who has no criminal record; and (c) the Defendant was the first offender who has no criminal record; and (d) the attitude of the obstruction of the performance of official duties of the instant case was not serious; and (b) other circumstances, such as the Defendant’s occupation, age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence