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서울동부지방법원 2020.05.13 2020고단373

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

around 22:40 on February 10, 2020, the Defendant received a visit report from a police officer, such as a slope D, who is a victim of the said district group, to the effect that “it is necessary to assist him/her because he/she does not cause any loss,” and requested the Defendant, who is diving from the back seat of the said district group, to pay a taxi fee and return home.

At around 23:00 on the same day, the Defendant, upon considering that D cannot return home alone, sought the Defendant’s wife and phone with the Defendant, and assault D, such as breaking a rank on the shoulder part of D, referring to “I am going to go to the string, I am to the string, I am to the string of the string, I am to the string of the string part, I am to the string of the string part of D, when I am to the string of the string part, and when I am to the string of the string part of D, I am to the string of the string part.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes, public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of the statutes governing police officers' photographs;

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 sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties in order to establish the legal order of the country with reason for sentencing and eradicate the light of the public authority. The Defendant has no record of punishment except for the punishment of a single fine for violent crimes, the Defendant has no record of punishment, the contents of violence to police officers, and the conditions of sentencing as shown in the trial process of the instant case, including the circumstances after the commission of the crime, shall be comprehensively determined as ordered.