(영문) 의정부지방법원고양지원 2020.11.27 2020고단2712

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(영문) 의정부지방법원고양지원 2020.11.27 2020고단2712

공무집행방해

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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

At around 01:30 on September 26, 2020, the Defendant: (a) found the house of another person in front of the Dong-dong, while drunk, and was in the influence of alcohol at the house of another person; (b) brought a dispute with the police officers belonging to the police station of the State Police Station dispatched after receiving 112 a report; and (c) did not bring the dispute to the police officers belonging to the police station of the State Police Station who were dispatched after receiving 112 and received her check to have her home returned; (d) while the Defendant took a bath to “c dwarping softens,” the Defendant was able to see the above E with the floor of the two hand, and tried to have the chest cut off, cut off, cut off, and pushed the chest by force with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The CD;

1. Application of investigation reports (video images of police officers dispatched to the scene), investigation reports (Listening to the E telephone statement) and Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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 is that the act of obstructing the performance of official duties by sentencing is likely to disregard public authority and disrupt criminal justice procedures, and thus, the defendant’s liability for the crime needs not be mitigated.

However, the Defendant stated that the facts charged are recognized and against the Defendant, and that there is no record of crime exceeding the fine, etc. shall be considered as favorable circumstances for the Defendant, and the punishment shall be determined as ordered by taking into account the Defendant’s age, character and conduct, family relationship, means and result of the crime, and the circumstances after the crime, etc.

참조조문

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