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(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1181
공무집행방해
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 21, 2020, the Defendant, on the road in front of the building B in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, 18:00, and on the road in front of the 112-day, “A drinking person is on the road”, the Defendant, upon receiving the 112-report, expressed the Defendant’s desire to read the said D as “a frien frien fri fri frien fri fri frien fri fri fri frien fri fri fri frien fri fri fri fri fri fri fri fri

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of photographic Acts and subordinate statutes by capturing CCTVs in the police statement protocol against D;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the crime of this case is that the crime of this case interferes with legitimate performance of official duties by assaulting police officers dispatched upon receiving a report. Thus, the nature of the crime is not good, and the crime of this case is committed even during the period of repeated crime due to the same kind of crime, and even during the period of repeated crime, it is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case, the defendant deposited some money for the victim, the degree or content of violence was minor, and the police officer did not have a superior position as a result of the crime, the defendant's age, sexual conduct, circumstances leading to the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, circumstances

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