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(영문) 대구지방법원 안동지원 2020.01.22 2019고단719
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 21, 2019, at around 00:30, the Defendant reported that the Defendant was doing self-harm to the C neighboring road located in Ansan-si B, Dong-si, and sent it to the Defendant, and attempted again to do self-harm by getting the Defendant to the patrol vehicle by getting the Defendant off the patrol vehicle, the police station D District security guards of the Dong-dong Police Station, E police officers, etc., and the police officers assigned the Defendant to the F police officers who prevented the Defendant, and assault the F police officers to the right-hand buckbbbbbbbbs.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reporting on the arrest of a case;

1. Investigation reports (Attachment to Work Place in the D District), investigation reports (Attachment to a list of reports filed for 112);

1. Application of Acts and subordinate statutes to report internal investigation (limited to the attachment of photographs of damaged parts);

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 grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that undermines the function of the State by nullifying the legitimate exercise of public power, and its nature is not good.

However, the defendant committed the crime of this case in a somewhat contingent and contingent manner under the influence of alcohol, the defendant seems to have committed the crime of this case and reflect his mistake, the defendant's primary offender who has no record of criminal punishment, and other circumstances, such as the defendant's occupation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., shall be determined as ordered in accordance with the order.

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