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(영문) 서울중앙지방법원 2019.05.01 2019고단994
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:00 on February 4, 2019, the Defendant filed a report by 112 by avoiding disturbance without giving the drinking value in the Gwanak-gu Seoul Special Metropolitan City B underground Ccar.

Although the Defendant received a report at a certain point of 112 and received a recommendation to pay and return home from E in the circumstances where the Seoul Gwanak-gu Police Station D District District Unit, the Defendant failed to comply therewith, and attempted to drinking F, the owner of the business, and “I am sing off. I am sing off. I am sing off. I am sing off. I am sing off.”

Accordingly, upon E’s removal of the Defendant, the Defendant expressed to E that “I Chewing. I see this fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, and fluor, fluor, fluored fluor, fluor, is a democratic police fluor, fluor.” The Defendant expressed to E’s face at one time in drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Public official certificates;

1. Application of Acts and subordinate statutes to report on investigation (verification of motion pictures taken by police officers dispatched to the scene);

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after the crime, the sentence is determined as ordered.

The crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and needs to be punished for the purpose of establishing national legal order and eradicating the light of public authority.

The Defendant was punished for each fine for violent crime in 2005 and 2007, and the Defendant was punished for each of such violent crimes in 2014 and 2016, and repeated violent crimes such as receiving a disposition that he/she was not entitled to institute a prosecution.

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