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(영문) 대구지방법원 2020.11.12 2020고단4783
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

[Criminal Power] On July 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Daegu District Court on June 9, 2017, and was sentenced to eight months of imprisonment with prison labor for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seo-gu District Court Branch on September 13, 2017, and the said judgment became final and conclusive on September 15, 2018, and the execution of the said final sentence was terminated in the Busan District Court on August 15, 2018.

【Criminal Facts】

At around 19:00 on September 5, 2020, the Defendant received 112 reports from C Scki in Nam-gu, Daegu, and requested the reporter to leave his house and return home from the circumstances E belonging to D district unit of the Daegu Southern Police Station, which called the reporter to the site, and when the reporter went out from his house, the Defendant requested the above circumstances to move back to the patrol car to the front of the patrol car, and prevented the Defendant from driving ahead of the patrol car, and the above circumstances prevented the Defendant from doing the above acts, and assaulted the above circumstances by bruing the shoulder.

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

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of the 112 Reporting Report List, a copy of work log, and a copy of public official identification card statutes;

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 of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of the performance of official duties by obstructing the exercise of legitimate public power.

The defendant has been punished for the same kind of crime, and even during the period of repeated crime, the responsibility for the crime of this case is large.

However, the defendant committed the crime of this case.

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