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(영문) 대전지방법원 2020.05.08 2020고단679
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

At around 01:00 on January 26, 2020, the Defendant had a woman before his house in Seo-gu, Seo-gu, Daejeon, where he received a report that he had ‘family fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting monet', and the Defendant was able to take a bath for the interest of the horseer, the grandchildren of the Seo-gu, Daejeon police station, and the police officer sent out on two occasions with the floor of the right hand, and the chest was able to take two times with the upper hand of the breast.

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning the handling of 112 reported cases and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. 12 patrol logs and 112 report management logs;

1. Application of the video CD-related Acts and subordinate statutes to crimes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine of choice of punishment (the crime of this case was committed by a witness's report, and assaults police officers dispatched after being called out, and considering the circumstances favorable to the defendant, such as the situation where the police officer D and D do not want the punishment of the defendant, in that the crime was committed in mind, because the police officer's legitimate exercise of national public authority was distorted and exercised strong tangible power, the responsibility for the crime was unfolded, the mistake was divided in depth, and the police officer was committed for the first time in society, and the damage of the police officer was minor, and the damage was deposited for the police officer who suffered the loss was committed in large amount,

1. Articles 70 (1) 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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