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(영문) 서울동부지방법원 2019.02.14 2018고단3399

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

At around 19:40 on October 4, 2018, the Defendant: (a) reported and sent to the Ccafeteria located in Songpa-gu Seoul, Songpa-gu, on the front of the Ccafeteria, and confirmed the Defendant’s personal information; (b) the police officer affiliated with the Seoul Song Police Station Diplomatic Police Station, who confirmed the Defendant’s personal information; (c) stated, “I ambling the name of the frier, and ask the name of the frier; and (d) I ambling the frier’s identification card.” The Defendant threatened the Defendant with the defect of the notification disposition by E leaving the cigarette on the bottom of the wall, stating, “I ambrier, I am a frier, I ambine, I ambrien, I am, I am only, and I ambri’s body.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to report on investigation (to make a telephone investigation for each witness, and hear statements of damaged police officers);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant interfered with the legitimate performance of official duties by a police officer in the course of performing official duties, and such obstruction of performance of official duties requires strict punishment; circumstances favorable to the defendant's criminal records of violence: The defendant is led to confession and is in depth: the defendant is somewhat contingent; the defendant is somewhat contingent crime; and the defendant appears to have lived faithfully without any specific criminal records since 2006 without any specific criminal records; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and economic form, etc. shall be determined as ordered by the order.