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(영문) 대전지방법원홍성지원 2020.09.16 2020고단616

공무집행방해

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 9, 2020, around 22:33, 2020, the Defendant reported that there was time for taxi charges in front of the “C” located in Hongsung-gun B, Hongsung-gun, and solicited police officers E belonging to the Hongsung Police Station D District Unit of the Hongsung Police Station, dispatched to the site to pay for taxi charges and to return home, the Defendant provided a bath while under the influence of alcohol, and sold the uniforms of the above E once for drinking.

As a result, 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. Application of the Acts and subordinate statutes to photograph CCTV images taken by the police against E;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the selection of fines

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is acknowledged as obstructing legitimate execution of official duties by assaulting a police officer dispatched after receiving a report.

However, considering the fact that the defendant recognized the crime of this case, there is no record of criminal punishment heavier than that of the same criminal act or fine, and the fact that the police officer did not have a superior position due to the crime of this case, the defendant's age, character and conduct, the background of the crime of this case, and the circumstances after the crime, etc., the sentencing conditions specified in the arguments of this case shall be determined as ordered.