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(영문) 서울동부지방법원 2019.09.18 2019고단2438

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 05:10 on July 17, 2019, the Defendant: (a) dispatched to the site after receiving a report from 112 that “I amben by only one person,” and heard the reporter’s statement, the Defendant: (b) sealed the flaps of the instant D, which read “I ambling off” to the head of the police station affiliated with the Seoul Songpa-gu C District; and (c) assaulted the Defendant as a flagrant offender in the crime of obstruction of performance of official duties; (d) assaulted the right side of the face of the border E face of the same district, which was arrested by the Defendant as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the reasons for sentencing of Article 334(1) of the Provisional Payment Order: A superior circumstance that the degree of assault against the crime of obstruction of performance of official duties of this case is not easy: Police Officer D does not want the punishment of the defendant; the defendant is a first offender who has no record of punishment; and the above circumstances and the conditions for sentencing specified in the trial process of this case, such as the circumstances after the crime, shall be