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(영문) 의정부지방법원고양지원 2020.11.06 2020고단2181
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 26, 2020, the Defendant reported 112 on the street in front of the building Goyangyang-gu, Goyangyang-gu, Goyangyang-gu, 2020, and requested a policeman D to return home from the patrol force belonging to the Goyang Police Station C District, which called "the drunk person frights the fright," and sent the above D's face once.

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 made to D by the police;

1. Application of Acts and subordinate statutes to video-recording campaigns

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 act of obstructing the performance of official duties by sentencing is likely to disregard public authority and disrupt criminal justice procedures, and thus, the defendant’s liability for the crime needs not be mitigated.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the facts charged, the fact that he/she has no criminal history exceeding a fine, the fact that he/she has received relevant medical treatment, the fact that he/she is clear of social relationship, and deposit five million won for the victimized police officers, etc., the punishment as ordered shall be determined by taking into account the age, character and conduct, family relationship, means and result of the crime, and the circumstances after the crime, etc.

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