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(영문) 대구지방법원 2021.02.03 2020고단4910
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 31, 2018, the Defendant was sentenced to eight months of imprisonment by the Daegu District Court to interfere with the performance of official duties, and the execution of the sentence was terminated at the Jinju prison on August 27, 2019.

On September 1, 2020, the defendant's house located in Daegu Suwon-gu B around 22:50 "The inside of the defendant's house has a large number of times of detention."

An extremely large portion is bad.

The 112 report was made to the police officer of the Daegu Water-Fighting Station with the content of "I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am you am."

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A C District Office's work log, and a report processing table 112;

1. A photograph of a dynamic image closure;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report (verification of criminal history of the same kind), and statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the fact that police officers in the process of performing official duties without being aware of the same type of repeated crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that there are several times of punishment as a violent crime, it is necessary to strictly punish the crime as it does not mean that the punishment for the crime is light.

However, the police officer's physical force is not directly exercised.

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