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(영문) 전주지방법원남원지원 2020.11.03 2020고단185
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

Around 09:42 on June 29, 2020, the Defendant received 112 report to the effect that “the Defendant is taking a trial expense to his players,” and solicited D to the above B market parking lot by having a police officer D belonging to the Nam-gu Police Station C District of the Nam-gu Police Station who called to the site to ask questions about the reasons for paying a trial expense,” and then, without any particular reason, collected spinyl chlorides that contain the spinyl chlorides that had been laid in the parking lot, and then buried D with D to remove them into the uniforms.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to photographs);

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 requires strict punishment for the crime of obstructing the performance of official duties by obstructing the exercise of legitimate public power.

The crime of this case seems to have been committed by the victim police officer due to the crime of this case.

However, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake, the extent of the tangible force of the defendant's use is relatively minor, and the defendant does not proceed to more severe violence and intimidation, and the fact that the defendant has no record of punishment for the same kind of crime, etc., shall be considered as favorable to the defendant. In addition, the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc. shall be determined as ordered by taking into account

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