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(영문) 광주지방법원 2020.05.21 2020고단620

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

On November 30, 2019, around 22:17, the Defendant was asked to return home from D(D) in the region where the C District was called up after receiving a report of 112 that he was under the influence of alcohol, but assaulted by refusing to comply with it and drinking twice.

Accordingly, the Defendant assaulted police officers as above, thereby obstructing police officers from performing their legitimate duties on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (on the spot documentary evidence, video CDs, etc.);

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. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

2. The crime of this case, which was determined to be sentenced, is an act of assaulting a police officer in uniform to obstruct the performance of official duties, and the nature of such a crime is not easy. However, the defendant's recognition of the crime of this case is against the defendant, the degree of obstruction of official duties is relatively minor, the defendant has no record of being punished for the same crime, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by the disposition