(영문) 수원지방법원성남지원 2020.08.10 2020고단1548

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(영문) 수원지방법원성남지원 2020.08.10 2020고단1548

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 19:05 on April 26, 2020, the Defendant received a 112 report that he was able to take a bath against a taxi engineer in front of Sungnam-si, Sungnam-si, and received a 112 report that he was able to take a bath for the identification card, and was asked to present the identification card from D et al., and one other, who was called for the branch of the branch police station, who was under the influence of alcohol, and was able to take a bath for the head of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to 112 Report.

Summary of Evidence

1. Application of the police's written statement concerning D's legal statement to the defendant;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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 of the provisional payment order is that the crime of obstruction of performance of official duties is a serious crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.

Although the defendant has long been punished for obstruction of the performance of official duties, he has been sentenced to punishment for the crime of obstruction of the performance of official duties, and has been sentenced to punishment

However, the defendant is against the defendant, and immediately after the occurrence of the case, the victim police officer did not want to punish the defendant from the investigation stage.

After criminal punishment of a fine is imposed for an injury in 2012, criminal punishment was not imposed between them.

In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.

참조조문

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