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(영문) 서울북부지방법원 2020.10.28 2020고단2776

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 26, 2020, at around 23:45, the Defendant, at the main point of “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul. On February 26, 2020, the Defendant: (a) stated that “C”, a police officer, who was a police officer of the Seoul Gangseo-gu Police Station D police station, sent out after receiving 112 a report that customers fright to go home from E; (b) carried the body of both arms one time; and (c) assaulted the face of the said E one time with a wall being spawed.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment requires strict punishment as a crime detrimental to the function of the State by obstructing the exercise of legitimate public power, and the degree of tangible power that the defendant exercised against the victimized police officer is not easy.

However, the fact that the defendant is recognized as committing the crime of this case and is against the nature of the defendant, the criminal records of the fine may be sentenced to the defendant, but all of them are prior to 2008, and the fact that they do not have any same kind of crime shall be considered as favorable to the defendant, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior,