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(영문) 대전지방법원 2020.11.12 2020고단3607
공무집행방해
Text

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

On June 12, 2020, the Defendant was under the influence of alcohol in front of Sejong Special Self-Governing City, at around 00:40, the Defendant requested the police officers to make a statement of personal information from E and security guards belonging to the Sejong Special Self-Governing City D District Unit of the Sejong Special Self-Governing City, who was under the 112 report and sent to the site. However, the Defendant took a bath to the said police officers, such as “Wep kn sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E, and to the police statement of each police officer with F, a report of 112 cases, a list of reported cases, a damaged photograph, and a photographic closure area;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of a fine for negligence as provided for in Articles 40 and 50 (Punishment as provided for in the Crimes of Obstruction of Performance of Official Duties against E with the heavier penalty) of the Commercial Concurrent Crimes Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding ten million won;

2. The Defendant, upon receiving a report 112, committed a failure while exercising physical force when the police officers called out wanting to help the Defendant safely return home.

It is not good that a crime is committed against a police officer who wears a uniform and performs official duties.

However, the degree of physical force of the defendant committed by police officers is weak, police officers do not want the punishment of the defendant, and 50,000 won is punished for crimes other than violent crimes before 10 years.

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