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(영문) 광주지방법원 해남지원 2015.12.17 2015고단460
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 3, 2015, the Defendant reported on August 23:02, 2015, 112 that “A person who takes the house in front of the office of the Navy B” was called “A police officer D and E, a police officer belonging to the office of the Maritime Police Station C, a police officer belonging to the office of the Maritime Police Station C, who was dispatched to the site, caused the Defendant to have been used on the roadside floor, and came to have governance one time.”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of taking photographs of uniforms worn by police officers dispatched to the scene, attaching a detailed statement of handling 12 reported cases);

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

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which prevents the execution of official duties by assaulting a police officer who is performing legitimate official duties, is not easy.

However, the defendant reflects, appears to have committed the crime of this case by contingency, the degree of assault against the victimized police officer is relatively minor, the defendant has no criminal record for the same kind of crime, and the age, character and conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, etc. of this case shall be determined by comprehensively taking into account all the sentencing conditions during the trial process of this case, such as the circumstances after the crime, etc.

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