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(영문) 서울동부지방법원 2020.05.22 2019고단4012

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 02:00 on December 15, 2019, the Defendant: (a) received the report of 112 that “Interference with the business of a host Party”; and (b) received a request from the police officer of the Seoul Mine Police Station C commander of the Seoul Mine Police Station, who called “Interference with the business of a host Party”; (c) served as a police officer of the Seoul Mine Police Station C commander, who was called to return home at the site; and (d) served as a police officer of the Seoul Mine Police Station C commander of the police station, who was demanded to return home from D, and the police officer E to stop the Defendant; and

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. Each police statement of E and D;

1. Application of Acts and subordinate statutes to investigative reports (a case confirming the face value of a assault), photographs of the face value of the assault, and each of the face value of the assault;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties, the extent and circumstances leading up to the defendant's exercise of force against the victims, the defendant's primary offender, and other sentencing conditions, including the defendant's age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., as stated in the records and arguments of this case, shall be determined as ordered by the order.