(영문) 대구지방법원포항지원 2020.11.25 2020고단1181

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원포항지원 2020.11.25 2020고단1181

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around September 21, 2020, the Defendant received 112 report of the occurrence of a traffic accident and received a request from the police officer E, who is a police officer belonging to the coastwise Police Station D police box of the coastwise Police Station, to inform him of his personal information, and did not inform him of his personal information, and requested again to inform him of his personal information, as the above E requests to inform him of his personal information, and the Defendant committed assault, such as making the above E’s hand-to-be pon of the hand-ben of the victim of the accident, “I am first, without from the person who caused the accident, and I am bad.”

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 of the police statement of E;

1. To serve as a internal investigation report, a 112 reported case handling report, and a senior police box;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant statutory provisions on criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the choice of fines (the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifyinging legitimate exercise of public authority, and thus, it is necessary to strictly punish the defendant in order to establish a legal order of the State and eradicate the light of public authority. However, the defendant's mistake and reflects it, although the defendant is punished once a fine, violent power is not previous but does not exist, the degree of violence is not excessive, the damaged police officer does not want the punishment of the defendant, and submits an application for non-prosecution of punishment, considering the circumstances of this case)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

참조조문

유사 판례

-대구지방법원 포항지원 2021.03.03 2021고단6

-대구지방법원 포항지원 2020.05.13 2020고단81

-대구지방법원 포항지원 2020.05.13 2020고단73

-대구지방법원 포항지원 2020.05.13 2020고단192

-서울북부지방법원 2015.05.13 2014고단4710