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(영문) 대전지방법원 홍성지원 2021.02.24 2020고단909
공무집행방해
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 4, 2020, the Defendant, at around 23:35, 2020, stated that “the Defendant lost a mobile phone,” and “the Defendant’s “the mobile phone was lost” in the △△ △ Do P, which was called upon 112 report, that the police officer D, a police officer of the Chungcheongnam-gu Police Station C, Chungcheongnam-gu Police Station, who was called out, found and transferred the Defendant’s cell phone lost, and continued to take over the Defendant’s cell phone, and that the Defendant took over the lost mobile phone.”

In spite of a description made several times, it will continue to be obsting and disturbing the disturbance “Is the match??”;

C. The term “fatch fat” refers to the victim’s fat, and the victim’s fat was fat.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is recognized as obstructing legitimate execution of official duties by assaulting a police officer dispatched upon receiving a report, and thus, the nature of such crime is not good.

However, in light of the fact that the Defendant recognized the instant crime, the Defendant has no record of criminal punishment heavier than the fine, the Defendant did not have a superior position due to the instant crime, the Defendant’s age, sexual conduct, background of the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions specified in the arguments in the instant case, such as the crime, etc., shall be determined as the sentence as ordered.

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