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(영문) 대구지방법원 포항지원 2020.03.25 2019고단221
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

At around 03:30 on February 17, 2019, the Defendant committed assault, at the entrance of the Defendant’s residence located in the Southern-gu B apartment C, and at the entrance of the Defendant’s residence, the Defendant received a 112 report to the effect that “the Defendant is sounded,” and received a request to the E, who was in charge of the security guards belonging to the coastwise Police Station D police box called to the scene, and would be crypted, and the Defendant committed assault, such as: (a) pushed the chest part of the above E by hand, and pushing the said E by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of three copies of the 112 Reporting Case Handling Table, copies of police certificates, and copies of employment-related Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. The sentencing reasons for the provisional payment order under Article 334(1) of the Criminal Procedure Act include the degree of obstruction of performance of official duties, circumstances, criminal records, reflectability, etc.

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