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(영문) 전주지방법원 2021.02.09 2020고단2128
공무집행방해
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 27, 2020, the Defendant: (a) 03:00 on September 27, 2020 on the road in front of the Yansan-gu B market.

Si Expenses (“A person who is requested to return home from D’s guards belonging to C District of the Police Station C District of the United States Police Station of the Republic of Korea who was dispatched upon the 112 report,” she shall do so with the death of her, and she shall have become aware of the fact that she was released from her news;

The inside of the Republic of Korea is the same as the inside of the name ", while putting the bath, putting the left shoulder of the above D with both hand, and putting the left side of the bridge up to the walk.

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. Statement made by the police against D;

1. Each written statement of D and E;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to photographs of the body of the victim;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

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

1. The range of punishment by law does not exceed 10 million won;

2. That the degree of violence committed by the defendant on the sentence of sentence to a police officer is minor;

Since it is not possible to do so, violence events against police officers who perform legitimate public duties are caused by many people's damage, strict punishment is required for the defendant's act.

However, there is a habit that the defendant has the ability to exercise a flat violence or to see the public authority.

It is difficult to conclude that the defendant will not engage in this act later.

If it is comprehensively considered that the defendant deposited KRW 1 million for the other police officer who has interfered with the performance of official duties, and that the defendant has no past record of criminal punishment, it is reasonable to select a fine for the smooth return to society of the defendant.

The decision is judged.

The age, occupation, and sex of the defendant.

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