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(영문) 서울서부지방법원 2020.11.10 2020고단2448

공무집행방해

Text

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

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

Reasons

Punishment of the crime

Around 22:43 on June 21, 2020, the Defendant: (a) received a report in front of Eunpyeong-gu Seoul, Seoul, on the street, 112 that “A person is used in front of a restaurant, who is sound; and (b) was urged by D and E to return home from the police officer called “B, . . . . . f. . . . . . . . . . . . f. . . . . . . . . . . . . . . . . .. . . . .. . . . .. . ..) and sent the f. 22:43 p. 21, 2020; (c) the Defendant took the bath of D’s arms with his hand when he was arrested in a flagrant offender and transferred the body part to the Eunpyeong Police Station under joint signature of Eunpyeong-gu in Seoul.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to 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 each police statement of E and D;

1. Work log and 112 reported case handling table;

1. Application of Acts and subordinate statutes to report CCTV CD-related investigations (on-site rents and CCTV-related confirmation);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the instant crime was committed against police officers in the course of performing official duties, and thus, requires strict punishment as it is not good to the nature of such crime. On the other hand, it appears that there is no power to commit the crime, and the attitude of reflecting the recognition of the crime. In addition, considering all the sentencing conditions, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, the punishment is determined as ordered by the order.