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(영문) 서울동부지방법원 2019.07.17 2019고단1571

공무집행방해

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On May 1, 2019, at around 03:20, the Defendant: (a) reported on May 1, 2019, 112 to the effect that a drunk customer is "in the front of the Songpa-gu Seoul Metropolitan Government B apartment court," and received a report of 112, i.e., "in the front of the taxi," and sought payment of taxi expenses and return to the taxi from D in the circumstances surrounding the Songpa Police Station C District of the Songpa Police Station dispatched, and (b) asked the above D to pay for the taxi expenses and return to the taxi, and (c) committed assault against D, such as "a punishment, because he/she will not pay for the rent during a short time," and (d) intending to read

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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: A favorable circumstance in which the defendant has been punished several times of violent crimes: The defendant has no record of being punished as obstruction of performance of official duties; the above circumstances are not excessive; and the conditions for sentencing as shown in the trial process of the instant case, such as the circumstances after the crime, shall be determined by taking into account the following factors: