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(영문) 대구지방법원 포항지원 2020.05.13 2020고단81
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

On January 29, 2020, at around 21:25, the Defendant took a bath to identify the Defendant from E during the police box belonging to the police station of the Gyeongbuk-gu Police Station of the Gyeongbuk-gu, the police station of the 112 reported and called out after having received the report, and was asked him to check whether he would pass it, and the above guard E was “at the time of drinking”;

C. The horses such as 'lurged Happy Happy', and the background E was assaulted by cutting down the chest part of E, and then being pushed back on one occasion.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the protection of the people's lives, bodies and property, and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the place of service for each internal investigation report, 112 report handling statement, and D police box;

1. Article 136(1) of the relevant Act on the Punishment of Criminal Crimes, the choice of a fine (the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish such crime in order to establish a legal order of the State and eradicate the light of public authority. However, considering the fact that the primary criminal is the defendant who repents and reflects the wrong, and that the degree of violence is not serious, etc.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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