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(영문) 서울서부지방법원 2019.09.18 2019고단1935
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 12, 2019, at around 03:35, the Defendant: (a) provided a bath to “spawn spawn spawn from a slope D (the age of 36) belonging to the Seoul Mapo Police Station C zone called “spawn spawn spawn” who was dispatched to the site after receiving a report of 112 stating that “I spawn spawn spawn and spawn spawn spawn spawn spawn swn”

Accordingly, the Defendant assaulted a police officer with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. 112. List of reported cases;

1. Damage photographs;

1. Application of Acts and subordinate statutes on investigation reports (field investigation);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant, who is the first offender and the first offender in the workplace.

In relation to the crime of this case, while the defendant was unable to memory all the breath alcohol at the time, the defendant expressed his intention of deep reflection as it cannot be denied if the objective evidence is examined.

However, the circumstances at the time of the obstruction of the performance of official duties of this case were so drunk.

Even in addition to the victim police officers, it can be seen that the victim's police officer caused a serious damage to the neighboring people due to violent acts and words that are difficult to contain.

The circumstances that can be considered favorable to the defendant above shall be considered to the maximum, and the punishment shall be determined by taking into account the age, character and conduct, environment, attitude before and after the crime, etc. of the defendant.

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