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(영문) 서울서부지방법원 2020.02.05 2019고단4294

공무집행방해등

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

1. 공무집행방해 피고인은 2019. 11. 14. 00:06경 서울 용산구 B에 있는 ‘C 숙대입구점’ 앞길에서 ‘손님이 택시영업을 방해한다’는 112신고를 받고 출동한 서울용산경찰서 소속 경찰관인 D으로부터 다른 택시를 타고 귀가할 것을 권유받자 양손으로 위 경찰관의 가슴부위를 1회 밀치고, 왼쪽 발로 낭심 부위를 1회 찼다.

Accordingly, the Defendant assaulted the police officer as above and obstructed the police officer's legitimate performance of official duties concerning 112 reporting and processing duties.

2. On November 14, 2019, the Defendant: (a) arrested a flagrant offender for the foregoing reason; (b) expressed a police officer’s desire to engage in an act of disturbance to revoke his/her license, such as asking him/her to the police officer in the state of drinking in the F District located in Yongsan-gu Seoul, Yongsan-gu from around 00:20 on November 14, 2019 to around 00:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The results of reproduction of CDs containing images;

1. Application of Acts and subordinate statutes to report internal investigation (verification of images taken within a terrestrial belt);

1. Relevant provisions of the Criminal Act, the choice of punishment, Article 136 (1) of the Criminal Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The offense is not good since it committed an act of disturbing the principal cancellation at a police station even after the arrest of a police officer who was performing official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order;

However, it appears that the first offender, the recognition of the crime and the attitude against the mistake, and the defendant's age, character, character, environment, health conditions, circumstances leading to the crime, means, and results, etc.