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(영문) 의정부지방법원 2018.09.14 2018고단3094
공무집행방해
Text

1. Defendant shall be punished by a fine of KRW 9,000,000.

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

On June 26, 2018, the Defendant: (a) received 112 reports; (b) separated the wife of the Defendant and the Defendant from the police box affiliated with the Namyang Police Station C, which called the Defendant, at around 03:30 on June 26, 2018, the Defendant: (c) reported that the Defendant was not at a dangerous state for his/her daughters for 18 months after his/her birth while hearing the Defendant’s statement; and (d) reported that the Defendant was not at the bottom of the Defendant’s 101 and 1802 on the floor.

“At the time of solicitation, the said D’s left hand of the said D’s hand, etc., was clicked one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of blocking or obstructing the execution of official duties by violence on the legitimate grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order constitutes an act which damages public interest (public interest) to be achieved through the execution of official duties, and at the same time it damages the state’s action and the legitimate authority over the legal order, and thus constitutes a serious crime.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime interfering with the performance of official duties, assessing the harm or risk of the crime interfering with the performance of official duties based on the criteria similar to the general violent crime should be avoided, and as seen earlier, there is a need to punish it frightly considering the seriousness of the infringement of legal interests.

In this case, upon receipt of 112 report that the defendant abused the defendant's wife, the police officer called out. At the time, the defendant was aware of the 18-month child's 18-month child in the state of drinking drinking with his/her left arms, and he/she was aware of his/her intention to go back, and thereafter he/she is aware of it.

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