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(영문) 서울서부지방법원 2019.09.24 2019고단2353

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 7, 2019, the Defendant had 60 males in front of Eunpyeong-gu Seoul Metropolitan Government, on June 7, 2019.

"Absent 112 reported the content and sent to the site, and received a request for returning home from the police officer D, who is a police officer assigned to the Seoul Bupyeong Police Station C police station, and called "Absent Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese", and Doese Doese Doese by hand Doese Doese Doese doese Doese doese.

Accordingly, the Defendant assaulted the police officer as above and interfered with the police officer's legitimate performance of official duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. CCTV video CDs;

1. Application of the Investigation Report (No. 10) Acts and subordinate statutes;

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. On the one hand, it appears that the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the confession of the reason for sentencing. On the other hand, even though the person had been punished several times due to drinking, non-licenseing, violent events, etc., the punishment is determined as ordered in consideration of all the sentencing conditions including the defendant's age, career, health status, family relationship, and circumstances after the crime