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(영문) 대전지방법원공주지원 2020.09.25 2020고단350

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

At around 21:50 on July 31, 2020, the Defendant: (a) moved the Defendant’s house near the Defendant’s house located in B for returning home, along with the police officers D and E belonging to the police station of the Gongju Police Station, dispatched to the site after receiving a report of 112 stating that “the drunk takes place on the road;” and (b) he returned to the site.

피고인은 경찰관들의 파출소 복귀 이후에도 집에 귀가하지 않고 다른 사람이 거주하는 집에 들어간다는 이유로 재차 위 경찰관들이 출동하자, “이 새끼들아 뭘 잘못을 했냐”라고 욕설을 하고 경위 D의 팔을 잡아 당겼으며, 이를 제지하는 경위 E의 복부를 주먹으로 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties on protective measures.

Summary of Evidence

1. Application of Acts and subordinate statutes on field photographs of the defendant's legal statement E, and the police statement of each police station of 112 reported case handling table;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors of the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account and determined as ordered by the Disposition.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to establish public authority and protect legal order.

The crimes are not good by taking a bath for police officers who want to help them return home without any particular reason and assault them.

There are many criminal records of violence.

The favorable circumstances: The mistake is recognized, and reflects it.

E received a written agreement from E.

The above violence crime has occurred before 10 years.