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(영문) 서울남부지방법원 2019.01.11 2018고단5402

공무집행방해

Text

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

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

Reasons

Criminal facts

On October 09, 2018, at around 02:20, the Defendant received 112 reports from the police officers E belonging to the Seoul Guro Police Station D Zone, who called to the site, and requested to put the face up on the face of E, while taking a bath to the above E, the Defendant took a bath to the above E and took a part in the left face of E.

As such, the Defendant assaulted police officers E to interfere with the legitimate performance of duties concerning the protection of the E’s body and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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 conditions indicated in the records, such as Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered in consideration of the following circumstances.

Unfavorable circumstances: Crimes of obstruction of the performance of official duties are crimes that undermine the function of the state's legal order and require strict punishment.

It appears that the defendant's mistake and reflective attitude, the degree of assault inflicted on police officers is relatively not much severe, and it seems that he/she committed a crime by drinking alcohol and contingency, and there is no record of criminal punishment.