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(영문) 서울북부지방법원 2020.09.16 2020고단2614

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 8, 2020, at around 08:45, the Defendant 112 reported that he is "in front of the B apartment Cdong in Seoul Special Metropolitan City, Nowon-gu, the Defendant spited the Defendant's complaint that D police officers belonging to the Seoul Nowon Police Station who was called out after receiving a report of 112 that "the South is being used." and spited D's face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the 112 civil petition treatment of police officials.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements on the defendant's legal statement D (the testimony of witnesses of the Central Tagabonds fire fighters and first responders);

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. The act of spiting or spiting is not likely to be a crime against a police official on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order. However, the act of spiting or spiting the nature of the crime is poor. However, the punishment is determined as ordered by taking into account all the circumstances revealed in the arguments, such as the defendant's age, character and conduct, situation before and after the crime, motive of the crime, etc.