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(영문) 광주지방법원 목포지원 2019.11.22 2019고단803

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On July 19, 2019, around 23:56, the Defendant: (a) committed an assault, such as: (b) the circumstances where the police box of the Jeonnam Police Station D, which was sent to the police station after having received a report that he was frighting a disturbance under the influence of alcohol, and (c) the police officer, etc. tried to arrest C as a flagrant offender in the disturbance of drinking alcohol; (b) the Defendant obstructed the front of the police officer; (c) committed an assault by the police officer, such as taking the hand of the said F police officer, pushing him into his body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The place of the offender, the report on arrest of the suspect, the written confirmation (name in unsound), and the written confirmation of the suspect under arrest or detention;

1. Application of the Acts and subordinate statutes to report internal investigation (related to the attachment of site images taken by a police officer accompanying a motion picture);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offender, and even if there are circumstances to consider the circumstances of the instant case, it is necessary to strictly punish the instant crime, which interferes with the legitimate exercise of the public authority even though the Defendant participated in a disposition of notice to the offender, and received several warnings from the police officer during the performance of official duties for arresting the offender.