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(영문) 대전지방법원 2019.10.01 2018고단3805
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:10 on October 4, 2018, the Defendant sent the Defendant’s “C cafeteria,” “C cafeteria, sent to the police, tracking the location of the Handphone in the future,” and “I send the c c sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc sc s,”.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to the 112 reporting processing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. In light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the facts leading up to and content of the instant crime, etc., the Defendant’s confessions and reflects the instant crime, appears to be contingent crimes, there is no criminal history for the Defendant, and the Defendant did not have any same criminal history, and the Defendant’s agreement with the victimized police officer is more favorable. In light of the favorable circumstances, the instant obstruction of performance of official duties, which was committed against the victimized police officer, needs to be strictly punished for the crime detrimental to the State’s function by nullifyinging the legitimate exercise of public authority, and the degree of the tangible power exercised against the victimized police officer cannot be deemed to be less unfavorable.

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