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(영문) 의정부지방법원 2020.09.10 2020고단1869
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 15, 2020, at around 00:35, the Defendant visited the Southern Coast Guard C police box located in B at the Southern Coast Guard, and paid instead of a fine of Defendant D, who was detained in the above police box among the previous fines.

피고인은 위 파출소 소속 순경인 E으로부터 ‘벌금 납부 사실이 확인되면 귀가하여도 좋다’는 안내를 받자, 갑자기 위 E을 향해 “씹할 새끼야, 문 열라고”라고 욕설을 하면서 손톱으로 피해자의 왼팔을 꼬집고, 주먹으로 피해자의 가슴을 1회 때리고, 발로 피해자의 복부를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the detention and treatment of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (CCTV perusal, etc.);

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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, the defendant visited the police station as a matter of the execution of a fine by male-gu, claiming that "the fine was paid in full", and the police officer immediately rejected the defendant's claim and tried to verify whether the fine was paid in full, and if the police officer saw the arms of the police officer while taking a bath, singing the arms of the police officer, and walking the boat to the police officer who attempted to stop the defendant. In light of the background, method, mode, etc. of the crime, the crime is considerably poor.

Due to the instant case, the damaged police officer took a hole in the arms and received a diagnosis from the hospital.

In light of the fact that a crime that causes public power somewhat is ultimately shaking the foundation of social order and may cause serious danger to the general public, the defendant shall be punished corresponding to the liability for the crime.

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