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(영문) 수원지방법원 2020.07.23 2020고단3748
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

On May 13, 2020, at around 02:55, the Defendant received a report of 112 on the fire-fighting joint response that 'C' in front of the ‘C' in Yeongdeungpo-gu, Suwon-gu, Suwon-si, and received a notification from the slope E belonging to the D Zone Unit of the Suwon-nam Police Station D Zone called at the site, and instructed the Defendant to be forced to be able to sit at the event and to be able to receive medical treatment by standing at the event at the event, but without any justifiable reason, he saw the part E of the sloping E that occurs at the event.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes on CCTV for crime prevention attached thereto, such as photograph D district guards working for E in relation to the statement statement of the police, investigation report on the list of 112 reported cases (verification of CCTV for crime prevention) and the attachment of CCTV to E;

1. Relevant Article 136(1) of the Criminal Act concerning the crime, the choice of the penalty, and the choice of the fine (the consideration of favorable circumstances among the reasons for sentencing below);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

It is necessary to strictly punish the crime of obstruction of the performance of official duties which interferes with the legitimate exercise of public authority, and thus undermines the function of the state.

However, the defendant's use of violence against police officers dispatched after receiving 112 reports that the defendant is under the influence of alcohol. In light of the circumstances and the attitude of the act, it is not good that the crime is committed.

The damaged police officers did not receive any tolerance from the police officers.

Recognizing the favorable normal mistake, the attitude of reflecting it is shown.

Other than the fine imposed twice on the crime of this case before the crime of this case was committed.

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