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(영문) 의정부지방법원 2020.08.28 2020고단1187
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On March 6, 2020, the Defendant: (a) filed a 112 report on the Defendant’s house located in Yongsan City B; (b) on the ground that he requested the Defendant to pay the taxi fee and called the Defendant’s father’s phone call, the Doc Police Station C Zone C District, which called the Defendant to pay the taxi fee to the Defendant; and (c) assaulted D’s flab by flabing the flab.

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 of D police statement;

1. Application of Acts and subordinate statutes of E;

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 crime of this case committed against a police officer on the ground of sentencing under Article 334(1) of the Criminal Procedure Act requires a strict punishment in order to establish public authority and social order. However, it is recognized that the defendant is making a confession of the crime of this case, the first offender, and the degree of assault is not severe. Other favorable factors such as the defendant's age, character, character, environment, family relationship, motive for the crime, means and consequence of the crime, etc. are considered in consideration of all the factors of sentencing indicated in the arguments of this case, such as the circumstances after the crime, etc.

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