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(영문) 서울중앙지방법원 2020.08.19 2020고단5263

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 16, 2020, at around 03:08, the Defendant reported 112 at his house of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that he did not accept his own demand that E in the circumstances belonging to the Seoul Gwanak-gu Police Station D District, who called to the site would return to the site the house to find a male living together. However, the Defendant collected plastic kimchi and abused it.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Each statement of G and H;

1. 112. List of reported cases;

1. Application of related Acts and subordinate statutes to photographs;

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 crime related to the obstruction of performance of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to strictly punish the defendant for establishing a national legal order and eradicating a light of public authority. However, the punishment as ordered is determined by taking into account the following factors: (a) the defendant led to the confession of the crime of this case and his mistake; (b) the defendant committed the crime of this case under the influence of alcohol; (c) the defendant committed the crime of this case; and (d) the defendant committed the crime of this case under the influence of alcohol; and (d) the defendant’s age, character and behavior, environment, motive and circumstance leading to the