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(영문) 대전지방법원천안지원 2020.11.27 2020고단2645

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 20:30 on October 3, 2020, the Defendant, upon reporting 112 to the effect that “C” in front of “C” located in Western-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and that “the drinking male does not have a mind,” the Defendant committed assault, such as the Defendant’s chest, knife, knife, knife, knife, knife, knife, and knife, knife, and knife, knife, who called on the site after confirming the Defendant’s personal information, and attempted to take a measure for returning home by confirming the Defendant’s personal information.

Accordingly, the Defendant assaulted police officers performing their duties on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the criminal place, internal investigation report (field status, etc.), and damaged photographic Acts and subordinate statutes;

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 was that the Defendant, who had been in uniform, expressed a desire and use violence against the police officer. Such an act is likely to be criticized in that it not only prevents the police officer from maintaining order, but also promotes a light of legal order and public authority.

However, the defendant recognized his mistake as a first offense, and is against himself.

It is difficult to see that the degree of violence is very heavy.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.