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(영문) 광주지방법원 순천지원 2020.04.22 2019고단2560
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 04:50 on October 1, 2019, the Defendant: (a) expressed that “the Defendant has a drinking value” at Cju points located in F, a police officer E belonging to D District Unit, and the police officer F, who was called up after receiving 112 a report, expressed that “the Defendant would pay the drinking value and return home” to the police officer, and expressed that “I will come back to Korea, I will come back to Korea, and I will go back to Korea,” and that “I will go back to Korea, I will go back to Korea, and I will go back to Korea, I will go back to Korea by the police officer’s chest at the above Cju points.” After handling the instant report, the Defendant expressed that “I would come back to Korea, I would come back to Korea, and I would turn back to Korea,” and divided the off frame part of the police officer E into several times.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to report internal accidents (aficial motion picture attached to a fict, the criminal conduct of which is recorded);

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

1. The ordinary concurrent prosecutor was prosecuted as a substantive concurrent crime, but is recognized as an ordinary concurrent crime.

Articles 40 and 50 of the Criminal Act

1. Selection of a fine for selective punishment (the punishment shall be imposed in consideration of the following facts: although it is not good that the police officers dispatched after receiving a report that there is no alcohol value, obstructing the performance of official duties while taking into account that the defendant had no previous conviction or violence, that the defendant did not have any previous conviction or violence, that there was no previous conviction exceeding a fine after 198, and that the degree of violence has not been severe);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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