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(영문) 광주지방법원 2020.11.12 2020고단3310
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 March 21, 2020, at the C parking lot located in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant: (a) transported the Defendant’s shoulder part of the police officer’s shoulder who was sent to the Gwangju-gu, with a report of 112 suspected of drinking driving; (b) arrested the Defendant’s seat G in a flagrant offender under the suspicion of refusing drinking alcohol measurement; and (c) tried to have the Defendant carry the Defendant’s seat on the patrol site upon receiving a request for an increase in slope He et al. to refuse drinking alcohol measurement; (d) however, G arrived at the site after having arrived at the site, and was in the situation where G was carrying the G in the patrol vehicle, and assaulted the police officer by cutting off the shoulder part of the police officer’s shoulder who wanted to carry the G with a sound and carrying the G in the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of H and E to each police officer's statement, a copy of his/her place of service, a list of 112 reported cases, CCTV photographs, brin video CDs, on-site CCTV-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the instant crime committed by the Defendant committed an assault against police officers performing official duties, and thus, is highly likely to be socially criticized.

However, it is a factor for sentencing that is favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects (a denial by an investigative agency), that the defendant has no record of criminal punishment except twice fines of this kind, that it is difficult to view that the degree of interference with official business of this case is very serious, and that the defendant was under the influence of alcohol at the time of committing the crime, that the defendant is expected to be under the influence of alcohol in the future, that he will not cause harm to others.

The age, character and conduct, environment, motive, means and method of committing a crime, result and crime of a defendant.

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