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(영문) 의정부지방법원 2021.01.06 2020고단5880
공무집행방해
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 5, 2020, the Defendant received 112 reports from 112 that “A taxi driver’s private partner has a customer,” and sent to the site, Da, and E, who was solicited to return home from the police officer affiliated with the Guri Police Station, Da, and E to be called “gropoly flaps, flaps, flab, and flab,” sent to the site, at around 23:17, the Defendant threatened the Defendant to turn home again from D, who was able to go home again, and pushed up the chest part of D’s chest part by hand, who was urged to go home again from D, and pushed up two times the chest part of E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and subordinate statutes to a report on the investigation of police statements by C, D, and E (the statement of taxi articles, booms, booms, flocops to major parts above the camp and explanation thereof);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of punishment: Selection of a fine;

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

1. The circumstances unfavorable to the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment: The Defendant’s desire to and assault the police officers during a considerable period of time to commit such crime is not good.

The defendant, who was first investigated by the police, did not seem to properly reflect his mistake, such as reporting the video recording on the face of the police at the time, and recognizing only the confirmed part.

O favorable circumstances: The degree of assault by the defendant is not serious.

There is no particular criminal history in addition to punishment once by fine for the accused.

The defendant shows his attitude to reflect the defendant's wrong in the last place.

The defendant must support his wife and consciousness.

O The above unfavorable circumstances and favorable circumstances.

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