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(영문) 의정부지방법원 2020.06.17 2020고단1418
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

On January 12, 2020, at around 07:25, the Defendant assaulted the face of the said D on one occasion by taking the fighting from the head of the Gyeonggi-gu Police Station affiliated with the Gyeonggi-gu Police Station called up after receiving a report from 112 on the 112th head of the C main office in Guri-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. A victim and on-site photograph;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the election of penalties;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by a fine) of the provisional payment order (applicable not to the sentencing criteria) of the Defendant’s crime of this case prevents a police official’s legitimate performance of his duties, and thus, in order to establish the State’s legal order and eradicate a light of the public authority, it is necessary to strictly punish a crime against the public authority. Thus, the circumstances and the nature of the crime do not change.

However, in light of the fact that the defendant's mistake is recognized and seriously against the defendant, that the defendant is the first offender who has no criminal record, that the degree of the assault of this case is not relatively more severe, and that other factors of sentencing such as the defendant's age, character and conduct, family environment, motive, means and consequence, circumstances after the crime are considered, etc., the punishment as ordered shall be determined as above.

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