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(영문) 의정부지방법원 2020.02.14 2019고단5822
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

On October 26, 2019, at around 00:15, the Defendant assaulted the face of the said “F” on the ground that the Defendant was under the influence of alcohol and was under the control of the Defendant’s act by a policeman F, such as E, who was a policeman at the Gyeonggi-gu Police Station D police box, sent to the site after receiving a report of 112 that the Defendant was frighting a fright under the influence of alcohol, and the Defendant was under the control of the Defendant’s act.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, H, and F;

1. A H statement;

1. Photographs of victims and damaged objects;

1. Application of statutes on site photographs of the case

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment prevents police officers from exercising their duties by assaulting the police officers, as stated in its reasoning, on the ground that the act of exercising the principal violence against the police officers performing their duties in this case is not permissible, and it is not good that the defendant is committed in light of the course of the act, the form and degree of the act, the nature and degree of the assault, and the content of the obstructing official duties in light of the circumstances and the circumstances.

Even after the Defendant committed the instant crime, the Defendant continued to take a bath and spawn on police officers, and spite them inside the police boat and patrol vehicle while getting on the patrol vehicle and going on the patrol vehicle.

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