(영문) 서울남부지방법원 2019.05.01 2019고단550

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(영문) 서울남부지방법원 2019.05.01 2019고단550

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 1, 2019, at the front of Geumcheon-gu Seoul Metropolitan Government, at around 04:50, the Defendant: (a) sought to present an identification card from D by the police officer of the Seoul Geumcheon Police Station, who was dispatched after receiving a report from 112, the Defendant assaulted D, such as: (b) “I will present an identification card; and (c) I want to leave the scene, and (d) I want to “I will see why I will write down and stop the Defendant’s arms,” and (d) I want to see that I will see, “I will write down or die, I will die,” and (e) I would like to have the left face of D one time with the right hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. E statements;

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 for the order of provisional payment is deemed to have been committed by a victim police officer who takes a bath to perform legitimate duties by wearing a uniform and sending it to the scene of 112 report and causing violence.

However, in light of the fact that the defendant recognized his criminal act and seriously reflects the fact that there is no criminal history of the same kind, it shall be considered in favor of the fact that the defendant has committed the crime at the time of the crime in this case, and the sentencing is determined as ordered in full view of all the circumstances such as the contents and degree of the criminal history exercised by the defendant at the time of the crime in this case,

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