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(영문) 대구지방법원 안동지원 2018.04.13 2017고단792
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 1, 2017, the Defendant: (a) reported “C cafeteria” in front of the “C cafeteria” located in Ansan-si B on November 1, 2017; and (b) sought to ask questions about the circumstances of the instant case and personal information from the head of the police station D District belonging to the Ansan-dong Police Station, the Defendant: (c) sought access to the said G to the 112 reporter; (d) obstructed the said G’s chest by pushing the her chest by hand; (e) pushed the breath; and (e) sealed the said E’s chest by hand; and (e) assaulted the f’s chest by hand; and (e) assaulted the said f’s breast.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers in uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to H, I, E, G, and F;

1. Application of Acts and subordinate statutes on the disposition of work log and 112 reported cases;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. In light of the Supreme Court Decision 2009Do3505 Decided June 25, 2009, the crime of obstructing the performance of official duties by police officers seems to be one of the crimes of concurrent crimes.

Articles 40 and 50 of the Criminal Act

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, took a bath to the police officer in uniform and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

However, the defendant is currently aware of and reflects his mistake, and there is no past record of criminal punishment.

The degree of violence against police officers does not seem to be too serious.

In addition, the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime are judged.

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