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(영문) 서울중앙지방법원 2019.10.23 2019고단4513
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

At around 14:50 on June 11, 2019, the Defendant, at the residence of Gangnam-gu Seoul Metropolitan Government B apartment C, and at around 112, the Defendant rejected a demand to present personal information and identification cards from the head of the police box affiliated with the Seoul Gangnam-gu Police Station D police station, Seoul, which called “I amb and I amb and I amb and I am amb that I am not to give identification cards to I amb and I am.” The Defendant, after hearing the words “I amb and amba, I amba” from the above E, used the shoulder of the above E at one time on the floor of hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to video CDs (Evidence Record 47 pages);

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

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 a crime of violence committed by a police officer dispatched after receiving 112 report while the defendant fighting with his wife and her wife. However, the nature of the crime is somewhat weak. However, the defendant's ability to commit the crime is very serious, the defendant's ability to commit the crime is not very serious, and the defendant has no record of criminal punishment for the same criminal offense, and the punishment is determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime.

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