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(영문) 서울동부지방법원 2020.01.14 2019고정974

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 6, 2019, at around 13:06, the Defendant: (a) expressed to the head of the police box belonging to the Seoul Songpa Police Station Emb Station Emba, who called “I am not on their own at home” at the “D’ mobile phone store located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) expressed to the head of the police box belonging to the Seoul Songpa Police Station Emba, “I am am for the same year as that of this day?? I am for the first time, am for the first time, and me to take the face of G sent together with the above F and his women as a mobile phone; and (c) was able to take the son’s face with the above F and his women as a cell phone, and was able to take the son’s hand kh with the above F’s bucks and saw it twice as a saw.

Accordingly, the defendant assaulted police officers to interfere with legitimate performance of public duties on handling 112 reports and maintaining public order.

2. On July 6, 2019, the Defendant reported that the Defendant posted the phone from the cell phone store around 12:46 to 112 on the phone, and reported that “I am off from the store, I am off the store’s male employees, and am off the store’s male employees.”

As a result, the Defendant reported a false crime to a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. An investigation report (a false report in relation to ‘B’)

1. Investigation report (to take a photograph of a victim police officer and CCTV at the site);

1. Application of Acts and subordinate statutes to report on investigation (Submission of Suspect's spirit and details of medical treatment);

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 3 (3) 2 of the Punishment of Minor Offenses Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. According to the evidence of Articles 10(2) and 55(1)6 of the Criminal Act for mitigation of mental and physical illness, the Defendant was hospitalized from March 2017 due to an unidentified disorder, etc., and the Defendant showed abnormal behavior at the time of the instant crime, and the fact that the Defendant received hospitalized treatment for ten days immediately after the instant crime is acknowledged.

The above facts of recognition.