(영문) 대전지방법원 2019.03.28 2018고단4589

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(영문) 대전지방법원 2019.03.28 2018고단4589

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

The Defendant, at around 18:40 on September 16, 2018, at the top of the C bridge located in Sejong City, at around 18:40, the Defendant: (a) received 112 report from D, a manager of the said church, to the effect that “the owner of the facility gets off with a trial fright; hereinafter the same shall apply”; (b) asked the Defendant of the circumstances of the report when requesting the submission of an identification card; and (c) asked the said F of the circumstances of the report; (d) took the bath to the said F; and (e) took the Defendant’s chest on two occasions with the floor of the back, the police box belonging to the same patrol box called “the victim fright at the time of violence”; and (e) took the face of the said G on one occasion by taking the left hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to investigate, report, CD reproduction;

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

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

1. Grounds for aggravated punishment for sentencing under Article 334(1) of the Criminal Procedure Act: Punishment intent of victimized police officers F, punishment for the crime of obstruction of performance of official duties against police officers; exercise of exceptionally tangible power; crime in the state of taking shelter: According to the Defendant’s assertion, it may be viewed as a contingent crime related to family affairs, such as divorce; absence of criminal records beyond fines; and absence of punishment history of victimized police officers G G, etc.

참조조문

유사 판례

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