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(영문) 서울서부지방법원 2019.10.15 2019고단2512

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On July 14, 2019, at around 00:22, the Defendant reported an emergency label to his employee at the “C convenience store” located in Eunpyeong-gu Seoul Metropolitan Government (the Defendant alleged that the Defendant had stolen the relevant employee while drinking, while taking advantage of the convenience store’s Handphone on the relevant outdoor store tables, and then returning the Handphone, the Defendant came out of the convenience store as well as the police officer, such as the situation in which the Seoul Bupyeong Police Station D Zone was located, who was dispatched to the site.

Since then, without any reason, the Defendant took a bath to the out-of-door male and female male and female who are seated on the outside of the convenience store, and she saw the above police officer to check, and she took a hand to the right side of the above police officer with his own left hand.

As a result, the defendant assaulted police officers to interfere with the police officer's 112 report processing duties and legitimate performance of official duties concerning crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to notify departments related to the place of work and reporting 12 incidents;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Article 136 (1) of the Criminal Act;

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

1. Provisional payment order: The punishment as ordered shall be determined by comprehensively taking into account all the conditions of the sentencing, including the background, means, and results of the crime for sentencing under Article 334 (1) of the Criminal Procedure Act, the age, sex, environment, criminal records of the defendant, and the circumstances after the crime;