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(영문) 의정부지방법원 2020.04.24 2019고단5463
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

At around 20:30 on October 29, 2019, the Defendant reported 112 that he did not pay the agency expenses in front of the Defendant’s residence in Gyeonggi-gun B, and received an inquiry as to the reason why he did not pay the agency expenses from D, a police officer belonging to the Gyeonggi-gu Police Station C police box called out after having received 112 report that he did not pay the agency expenses. On October 29, 2019, the Defendant was able to take the shoulder of the police officer, and carried the body toward the police officer.

As above, the Defendant assaulted a police officer to interfere with the legitimate execution of duties concerning the handling of 112 Reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act, such as the instant crime, requires strict punishment for the crime of obstruction of performance of official duties, in order to maintain social legal order and public authority.

However, the defendant's confession and reflects the crime of this case from the investigative agency, there is no previous crime and only a previous crime of fine due to a crime of this case, and the degree of violence is not significantly bad, such as the nature of the crime of violence, etc. In addition, considering all sentencing factors of the defendant's age, character, character, environment, family relationship, motive of the crime, means and result of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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