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(영문) 대구지방법원 2020.06.24 2020고단1835
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 3, 2020, at around 3:23:23, the Defendant: (a) asked the Defendant about the personal information and the circumstances of the case, etc., of the position E belonging to the Daegu Gangseo-gu Police Station D District, which was called upon by the Defendant after receiving a report of 112 that the Defendant attempted to cause another person; (b) but without responding, assaulted the Defendant at one time at the right side of E’s right due to the following: (c) “I Dokra, Dokra, Dokra, Dokra,” without responding.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of work log and a detailed statement of handling reported cases;

1. Application of the Acts and subordinate statutes to the video images taken at the scene of crime;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. The grounds for sentencing are as follows, and the defendant's age, character and conduct, environment, motive for committing the crime, frequency and consequence thereof, and the circumstances after committing the crime shall be determined as ordered in full view of various sentencing conditions.

The obstruction of performance of official duties, which interferes with legitimate official duties of police officers who are increasing illegalness, is not in itself a good quality of crime.

The fact that there is no past record of punishment more than the normal suspension of execution, and the result of injury are not followed.

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