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(영문) 대전지방법원천안지원 2020.10.16 2020고정370
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:30 on April 8, 2020, the Defendant, within the “C” located in Western-gu, Western-gu, Western-si B, Seocheon-gu, Seocheon-gu, and demanded the 1112 report, as the chump E belonging to the D Zone, who was called up after receiving a 112 report on the cumbing of the cumb, shouldered, and returned home, the Defendant obstructed the police officer’s legitimate performance of duties concerning handling the 112 report, by assaulting the cumbling of the D Zone E on several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F's self-written statement;

1. Application of the Acts and subordinate statutes to the offender's place of arrest, flagrant offender's letter of arrest (name omitted), internal investigation report (including on-site mobilization status, etc.), photo (C), victim police officers' photographs, the 112 reported case handling table, the investigation report (CCTV and Bac video) and the criminal investigation report (C

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order exercised violence against police officers in uniform. Such act is likely to be criticized in that it not only interferes with police officers’ duty to maintain order, but also promotes light of legal order and public authority.

It can not be said that the degree of force of the defendant exercised against the police officer is light.

However, the defendant recognized his mistake as a first offense, and is against himself.

After the closure of pleadings, 1.5 million won was deposited to the damaged police officers.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.

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