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(영문) 대전지방법원 2021.01.13 2020고단4785

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 October 9, 2020, at around 23:55, the Defendant informed G of the personal information and cell phone numbers of the Defendant, while taking account of the Defendant’s personal information and cell phone numbers, in light of the three types of “C” on the first floor of the Sejong-Class B building, which was called upon the report of 112 that the Defendant was infinite female, and was called upon the report of 112, the circumstances of the E, F, G, and slope H belonging to the Sejong-Class D District of the Police Station D (W, 34 years old) of the Defendant’s personal information and cell phone numbers.

Accordingly, in order to verify whether the above mobile phone number is a defendant, E calls from the defendant, “I am kyp?? I am yp;

Does you see the telephone to arrest this blick, the door blick blick;

2. The Defendant 1 expressed his desire to “Woo this far.” The Defendant 1 expressed his her face twice by breaking, plucking, and plucked up the face of E in the left hand, and assaulted once by breaking up the part of E in the vicinity, even though she met in the vicinity.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case E 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written Statement;

1. Application of statutes on the photograph of the case

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) Unfavorable conditions: The crime of this case was committed with respect to a police officer who properly performs his duties, and the crime was committed with respect to a police officer who interfered with the performance of his duties, and the crime was not recovered;

(b) favorable conditions: The fact that he recognizes the instant crime and reflects the mistake, and there is no record of punishment exceeding the fine, etc.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, were considered.