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(영문) 대전지방법원 2020.05.15 2020고단402
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 15, 2019, at around 02:00, the Defendant: (a) stated that he was required to return home from E, who was called out after having received a report of 112 that he was “her was used by a drunk” before Sejong Special Self-Governing City’s B apartment C apartment and 1st underground floor entrance; (b) stated that he was required to return home from E, which was called “I are the police officer?”; (c) assaulted E with his left hand by breaking the head car of the said E, and assaulting the head car of slope F, who was demanded to return home after leaving the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers in uniform on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 12 reported case handling lists and investigation reports (investigation into telephone conversations between persons with a shooting range G);

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by the Defendant by assaulting the police officer in charge of dealing with the 112 reported case, thereby obstructing the police officer’s legitimate execution of duties. The crime is not considerably good, and the Defendant’s physical power exercised by the police officer is not easy.

On the other hand, the fact that the defendant recognized his mistake and reflects his depth, that there was no significant result to police officers due to the crime of this case, that E among the damaged police officers does not want the punishment of the defendant, that there was no particular criminal force except the defendant who was fined due to drinking driving in 2018, and that the defendant is expected to receive hospital treatment in order to improve his wrong drinking habits.

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