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(영문) 광주지방법원 해남지원 2019.03.21 2019고단21
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

At around 21:27 January 12, 2019, the Defendant received the Defendant’s 112 report that he was assaulted, and confirmed the Defendant’s report by the police officers E and F belonging to the Jindo Police Station D police station, and without any justifiable reason, expressed to the police officers F that “I am out of Jindo, saw, saw, saw, I saw, I am back, I am back, I am back with F’s back part with a cellular phone with the police officer F’s sexual organ development at his hand, and F am sawd with F F’s knick part with a defect that he attempted to commit an assault by cutting the Defendant’s arms.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who execute the 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared by G;

1. Application of the 112-reported case handling table, damaged part and cellular phone-related Acts and subordinate statutes;

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, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who was dispatched after receiving a report of 112 under the influence of alcohol, thereby obstructing the police officer’s legitimate execution of duties.

The crime of obstruction of the performance of official duties requires strict punishment as a crime that undermines the legal order of the State by nullifying the legitimate exercise of public authority, and in light of the circumstances of the crime in this case and the degree of violence, etc., the defendant’s fault is not less

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant does not want the punishment of the defendant under the agreement with the police officer F, and that the defendant has no record of criminal punishment, are favorable to the defendant.

The above circumstances and the Defendant’s age, character and conduct, environment, and crime of this case.

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