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(영문) 대구지방법원 안동지원 2019.10.23 2019고단324

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

At around 19:50 on June 2, 2019, the Defendant: (a) reported 112 on the street in front of the Cmarate store located in the permanent residence city B; and (b) explained that “B was satisfed only once” to E on the ground that he was satched by E, a police officer belonging to the D District Unit of the Permanent Police Station D District of the Permanent Police Station called “Isatur”, who called “Isatur.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officials concerning 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written statement prepared by G;

1. Application of Acts and subordinate statutes of report on internal investigation (Attachment of field photographs) and report on internal investigation (Attachment of Table 112 for handling of reported cases);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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 is committed by exercising force on a police officer who was performing official duties. However, during the influence of alcohol, the crime of this case is deemed to have been committed by the police officer who was at the end of the crime of this case on a contingent basis. The above police officer did not have any injury, the defendant appears to have a attitude against his mistake, and the defendant does not have any same criminal power except for two times of fine, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, the form and degree of obstruction of performance, etc. shall be determined as per the order, comprehensively taking into account various factors indicated in the arguments of this case, such as the age, character and behavior of the defendant, the environment, the motive and consequence of the crime