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(영문) 서울중앙지방법원 2020.10.28 2020고단6133
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

At around 01:00 on July 14, 2020, the Defendant: (a) was asked questions about personal information from the E details belonging to the police box belonging to the Seoul Jongno Police Station, which was called by 112 telephone prior to the fourth floor of Jongno-gu Seoul, Jongno-gu B apartment C apartment, and (b) was flicked by the Defendant at one time by hand; (b) was flicked with the chest part of E at one time by hand; and (c) continuously flicked the chest part of E at one time by hand; (d) was flicked at one time by hand; (e) was flick part of the bridge part; and (e) was flicked at one time by walking the bridge part; and (e) was flicked at several times in the direction of E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to CDs, such as investigation report (related to video images taken at the scene of a crime) to E on the statement of the police, video images taken at the scene of committing the crime

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment on the ground that the crime of obstructing the performance of official duties is likely to undermine the function of the State by assaulting or threatening the public officials who perform their duties properly.

In particular, the crime of this case was committed by the defendant, who committed an assault against the police officer performing official duties by putting in his uniform, and the degree of the assault is serious and the quality of the crime is not good.

However, the first offender who has no record of criminal punishment, the fact that the defendant has been recognized as having committed a crime by himself/herself, and even if he/she had been aware of his/her depth, and the fact that he/she again violated his/her depth, and the fact that the police officer in charge seems to have expressed his/her intention to commit a crime several times, and the fact that he/she seems to have expressed his/her intention to commit a crime by taking into account the defendant's age, character and behavior, environment, health conditions, circumstances leading to a crime, means and results, and the circumstances after a crime, etc., and

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