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(영문) 의정부지방법원 2020.07.22 2019고단5901
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

Around 21:40 on December 16, 2019, the Defendant: (a) committed assault at the Gu Office B and C’s parking lot; (b) reported 112; and (c) sent the police officers belonging to the Gu Office D Zone 1 Team of the Jung-gu Police Station that called the Defendant, “I wish to die, Sick, Sick,” and (c) took a bath for the reason that he was sent too late to E, and assaulted the above E’s chest part twice by hand; and (d) consecutively, he was feleed twice by the Defendant.

As a result, the defendant interfered with the legitimate execution of official duties concerning the dispatch of 112 report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, ordered a provisional payment order, expressed a desire to the police officer dispatched after receiving 112 report, and obstructed the performance of official duties by committing assault.

It is necessary to strictly punish crimes that interfere with the performance of official duties as crimes that interfere with the legitimate exercise of public authority.

However, in light of the favorable circumstances that the Defendant committed the instant crime as a primary offender with no record of criminal punishment, and is against the Defendant’s sexual intercourse, the Defendant’s deposit of KRW 2 million with the victimized police officer as a depositer, and the Defendant’s family members want to support and guide the Defendant, taking into account the motive and background of the instant crime including the above circumstances, the method and consequence of the relevant crime, the circumstances after the commission of the crime, the Defendant’s age, the environment, and the criminal record relation, etc., the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, including the following circumstances.

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