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(영문) 대전지방법원 2020.02.13 2019고단3754
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

The Defendant: (a) on September 12, 2019, at a station located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) on September 12, 2019, after receiving a 112 report stating that “no son has a drinking value;” (c) the circumstances leading up to the Daejeon Western Police Station C District; (d) the payment of the drinking value from Seo-gu, Daejeon Police Station E;

In order to receive the Gu, he was fluored with D et al. twice in his hands, and assaulted E’s chests once in his hand, she was tightly pushed.

As a result, 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. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of the 112 Reporting List, C District Work Hours (Y), and CD-related Acts and subordinate statutes;

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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment is that the instant crime interferes with police officers’ duties and is not good for committing a crime that considers the legal order and the public authority.

However, the degree of force exercised by police officers is not heavy and there was no significant result for police officers.

There is no criminal record of obstruction of performance of official duties and there is no criminal record exceeding fine.

The criminal records of the defendant are old.

The defendant recognizes his wrong and reflects his wrong.

Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.

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