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(영문) 대전지방법원 홍성지원 2021.03.10 2020고단1008
공무집행방해
Text

Defendant shall be punished by a fine of five 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 November 3, 2020, at around 22:40 on November 3, 202, the Defendant was shouldered at the main bank in the dwelling of the Defendant in Chungcheongnam-gun Hong-gun.

' Even though the police officer D, who received the 112 report to the purport and sent to the site, took a separate measure to separate the E in a de facto marital relationship with the Defendant from a police officer affiliated with the Hongsung Police Station C District, the Defendant continued to enter the safe room, thereby preventing the Defendant, and “Is the Defendant, she was sing off, and was sing off.”

Nices expressed their desire to “mad.” and assaulted the left shoulder part of the horse D and the chest part of each at least once with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to 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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is recognized as obstructing legitimate execution of official duties by assaulting a police officer dispatched upon receiving a report, and thus, the nature of such crime is not good.

However, in light of the fact that the defendant recognized the crime of this case, the police officer did not have standing due to the crime of this case, the defendant did not have any record of criminal punishment for the same kind of crime, the defendant's age, sexual conduct, circumstances after the crime of this case, etc., and all of the sentencing conditions specified in the arguments of this case, such as the crime of this case, shall be determined as ordered.

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