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(영문) 서울남부지방법원 2020.01.22 2019고단4986

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

피고인은 2019. 8. 20. 23:00경 서울 금천구 B에 있는 'C' 앞길에서 가방을 찾아달라는 피고인의 112신고를 받고 출동한 금천경찰서 소속 경장 D이 위 가방을 찾아 피고인에게 건네주려고 하자 특별한 이유 없이 “야이 씨발새끼야, 좆밥새끼들, 죽여버린다.”고 욕을 하면서 손으로 위 D의 왼쪽 어깨를 2회 때리고, 목 부위를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the photographic 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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act requires strict measures, since the crime of obstruction of performance of official duties interferes with the performance of duties by police officers who perform official duties, such crime of obstruction of performance of official duties is likely to interfere with legitimate enforcement of law and encourage light of public authority.

In 2017, the defendant had a record of being punished for a violation of the Punishment of Minor Offenses Act by avoiding disturbance, such as the alcohol that takes a bath with a large voice in the earth.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances and the age, character and conduct, environment, criminal records, criminal records, and circumstances after the crime, shall be determined as ordered by the sentence.