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(영문) 대전지방법원 2021.03.04 2020고단5436

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 December 4, 2020, the Defendant is a taxi engineer in front of Daejeon District Court Decision 21:45 on December 4, 2020.

Women's guests are not part of them.

“The” reported 112 meta with the 112-report of the contents, and assaulted the fat and face part of D’s chest, one time, in order to ask questions about personal information from the slope D belonging to the Daejeon Daejeon Police Station C District, which was called.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers in uniform.

Summary of Evidence

1. Application of the Act and subordinate statutes on the Handling of Reported Cases to Report 112 on Investigation Report by the Police Statements (related to telephone conversations by persons falling under item D) to Defendant’s legal statement D

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

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

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

1. The scope of punishment by law: A fine not exceeding ten million won;

2. The defendant, who has received a report under the influence of alcohol, exercised physical power against a police officer called out after receiving a report, and the crime committed against a public official who carries out official duties is not good.

However, there are circumstances favorable to the defendant that the defendant's physical strength with a police officer is weak, that there is no criminal history, and that there is no criminal history, and that it is contrary to the recognition of the crime of this case.

The punishment as ordered shall be determined in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., such as the defendant's disadvantage, favorable circumstances, and other conditions of sentencing under Article 51 of the Criminal Act.