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(영문) 서울북부지방법원 2019.10.10 2019고단2152

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 1, 2019, at around 23:00, the Defendant: (a) reported that a person was used in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and was called up upon 112, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by the police officer on the following grounds: (b) Doc police box affiliated with the Dongdaemun-gu Seoul Eastdong Police Station C (29 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed statement on processing reported cases;

1. Application of the Act and subordinate statutes to investigation reports (the attachment of documentary evidence pictures) and video CDs attached thereto;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to obstruct the legitimate execution of official duties by exercising violence against the police officers dispatched after receiving a report by the defendant 112.

However, in light of the fact that the defendant recognized the crime of this case, the defendant's mistake against the defendant, the fact that the defendant was under the influence of alcohol alone does not serve as a letter, but appears to have committed the crime of this case at the time, and there is no criminal record exceeding the fine of the defendant, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, occupation, character and behavior, environment, and circumstances before and after the crime, shall be determined as ordered.