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(영문) 대구지방법원 안동지원 2020.01.08 2019고단666

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 23, 2019, the Defendant reported at the 3-dong Park Park Dong-dong, which is located in the 4-gil-dong-si, Ansan-si, 01:43 on September 23, 2019, that the Defendant 112 reported that the male kis, and sent to the site, the Defendant got the victim C, a police officer belonging to the Ansan Police Station B District, who was dispatched to the site, to the extent that the Defendant prevented the Defendant.

As a result, the Defendant interfered with the legitimate performance of duties by police officers in relation to the 112 Report Processing Affairs, and at the same time, the Defendant inflicted an injury on the victim at cage cages and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report of case excavation and sampling;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is an unfavorable circumstance, such as exercising the force to a police officer who was called on a fighting by receiving a report and used the force, which is not good in light of the circumstances, and inflicting an injury upon the police officer in uniform beyond the uniform.

However, in light of the favorable circumstances such as the defendant's occupation, age, character and conduct, environment, motive, circumstance, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the following: (a) the injury suffered by the police officer seems to be relatively minor; (b) the defendant appears to reflect his/her mistake; and (c) there is no criminal history against the defendant