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(영문) 의정부지방법원고양지원 2020.08.26 2020고단1817

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

On June 19, 2020, the Defendant received protective measures under the Act on the Performance of Duties by Police Officers, such as a slope D belonging to the C district unit called upon receiving a report from the representative driver, and a request from the superintendent E to return home on June 23:10, 202.

피고인은 술에 취하여 아무런 이유 없이 “씨발새끼들아, 개새끼들아”라는 등의 욕설을 하며 양손으로 경사 D의 목을 밀치고 발로 낭심을 2회 차며, 이를 제지하는 경장 E의 다리를 2회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the protective measures of the host.

Summary of Evidence

1. Protocol of the defendant's partial statement D, each police statement about E;

1. To apply the F’s written work log, the investigation report on the 112 Reporting Case Handling Table (Access to a facam image), the investigation report (Access to a facam image verification) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. In light of various circumstances such as the circumstance leading up to a crime acknowledged by evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant's act before and after the crime, the judgment on the defendant's mental disorder as to the provisional payment order under Article 334 (1) of the Criminal Procedure Act, the court did not have the ability to discern things or make decisions under the influence of alcohol at the time of crime.

It does not seem to have reached a state of or weakness.

The reason for sentencing lies in the defendant's attitude to reflect his or her wrongness.

When seeking a letter to the damaged police officers, 500,000 won was deposited as damages.

There is no record of criminal punishment against the defendant.

The defendant seems to have committed the crime of this case by contingency.

(2).