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(영문) 대전지방법원 홍성지원 2020.04.27 2020고단45
공무집행방해
Text

Defendant shall be punished by a fine of four 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 November 5, 2019, at around 03:55, the Defendant reported at “C” on the first floor of Pyeongtaek-si B, and reported at 112 that “A is the end of the business hours, and the male grandchildren became aware of..............”, the Defendant, who was urged the Defendant to return home to the said E through several times from E belonging to the Pyeongtaek-si Police Station D District Unit of the Pyeongtaek-si Police Station, called “C, I am feas,” and “I am feas, I am........................” on one hand, the Defendant took time off a part of the above E’s left side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the selection of fines

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 ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is acknowledged as obstructing legitimate execution of official duties by assaulting a police officer dispatched after receiving a report.

However, the defendant is recognized to commit the crime of this case, and the defendant has the history of being sentenced to criminal punishment four times as a minor fine, and there is no record of criminal punishment heavier than a suspended sentence, due to the crime of this case, the police officer does not have the superior status, and the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, the background of the crime of this case, and the circumstances after the crime, shall be determined as ordered.

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