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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단951
공무집행방해
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 27, 2020, the Defendant: (a) at the Danam-gun apartment B apartment building B, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, on June 27, 2020; (b) “I am the door to the house; (c) I am a bath to inform the Defendant of his personal information from the E and slopeF belonging to the D District Police Station in the Chungcheongnam-nam Budget Police Station, which was called upon to report 112; and (d) I am the above E’s chest through the Defendant’s body, and am the Defendant’s body with the above F’s left arm’s hand to restrain it; (d) I am the breast part of the above E with the Defendant’s body, and continuously am the Defendant’s chest part one time with the Defendant’s body, and then I am the above E’s chest part with the Defendant’s body.

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

Summary of Evidence

1. Application of the statutes on images, such as the defendant's legal statement F, the scene photographs of each police's statement in relation to E, and photographs and fadi campaigns after closures;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing criteria are determined by comprehensively taking account of various factors such as the method of determining the sentence, degree of violence and obstruction of the execution of official duties, circumstances after the crime, the defendant's appearance against the crime, and the age, occupation, criminal records (not including the same type of imprisonment and the suspension of execution of official duties), environment, etc. of the defendant's age, occupation, criminal records (not including the same type of punishment and imprisonment), and the environment, that the sentencing criteria are not applicable.

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