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(영문) 대전지방법원천안지원 2020.08.18 2020고정278
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

The defendant is an article to search for a soft, and the victim B (the age of 29) is a police officer belonging to the ASEAN Police Station C police station.

On February 18, 2020, at the E University located in Asan City D on February 21:17, 2020, the Defendant: (a) 2 police officers, etc., who were police officers of the police box called up after having received a report of 112 "the details that he would request telephone" when he was unable to drive under the influence of alcohol; and (b) 112 of "the details that he would request telephone"; and (c) taken the first operation measures after having arrived at the scene of the police officer, who was a police officer of the police box assigned to the C police box who was called up, and was able to break back the Defendant at the back seat of the patrol police station, the Defendant was able to purchase the chest part of B, who was the victim on the back seat

Accordingly, the defendant properly handled 112 reports and interfered with the performance of duties by police officers who are performing official duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112. List of reported cases;

1. Application of statutes on site photographs;

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 reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are recognized by the defendant, and the defendant's assault appearing on the black scam appears not to be excessive.

In addition, although the defendant has a criminal record of the same act of violence, he/she is punished by a fine not exceeding 18 years, and he/she has no same criminal record thereafter.

However, the defendant assaulted a police officer in the course of performing official duties to interfere with the performance of official duties, and such an offense is not suitable to interfere with the legitimate exercise of public authority.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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