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(영문) 대전지방법원 홍성지원 2018.08.21 2018고단472
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 4, 2018, the Defendant resisted to the effect that “D points” located in Boan-si, Boan-si, B, to return the mobile phone sold by the Defendant, and “the customer is suffering from disturbance.” On the other hand, the Defendant talked to lower the Defendant’s voice that the Defendant cross-standing in a large interest while the police officer affiliated with the Haan Police Station E box called out after receiving the employee’s report and investigating the on-site status, and the Defendant talked with F’s voice by cutting off the f’s own hand and pushed off the f’s seat.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes on closures;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on comprehensive consideration of all the conditions of sentencing as shown in the records, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., and the details of the instant crime, as set forth in the order.

The legitimate exercise of governmental authority by the State shall be protected for peace and security of all citizens, including the accused himself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, there are circumstances that may be considered in the course of committing the crime, as the defendant is a person with mental disorder 2, and the defendant is a first offender who has no record of criminal punishment, etc., considering favorable circumstances, and all other arguments in this case, such as the defendant's age, sex, environment, etc.

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