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(영문) 서울서부지방법원 2021.01.15 2020고단3756

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 08:30 on August 23, 2020, the Defendant requested to return home from a slope C belonging to the Seoul Mapo Police Station while under the influence of alcohol in front of the Mapo-gu Seoul Office Office Btel, and made a bath to do so, and tried to dump on the street, but the Defendant was drinking by the Defendant who was under control by the above C.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Application of Acts and subordinate statutes to report 112 written statements of the police statement D, E, and F to the defendant's legal statement C;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentence of Article 334(1) of the Criminal Procedure Act, which provides violence to police officers who were in the course of performing their official duties for the reason of the sentencing of Article 334(1) of the said Act, shall not be considered to be a good crime;

However, the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results of the crime, etc. shall be considered in light of the fact that the damaged police officer does not want the punishment of the defendant by demanding a letter to the damaged police officer, and the facts that the injured police officer was the first offender who has no record of punishment, and the punishment shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age