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(영문) 서울중앙지방법원 2019.08.28 2019고단3948
공무집행방해
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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

On June 4, 2019, at around 22:30 on June 4, 2019, the Defendant was boarding at C taxi in Seongbuk-gu Seoul Metropolitan City, and arrived at 3rd-ro, Seocho-gu, Seoul, Seocho-gu, Seoul, the destination, and was demanded from B, but continued under the influence of alcohol.

When the police officer, who was dispatched to the scene after receiving a report from the above B, was scambling the Defendant, and the Defendant demanded the vehicle by shouldering the Defendant, which was assaulted by the following: (a) the Defendant, who was a police officer belonging to the Seoul Coast Guard Police Station D police box, was able to take a bath by “scambling gue, scambling, and scambling.”

As a result, 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 to E by the police;

1. B written statements;

1. Application of Acts and subordinate statutes to the investigation report (b) and telephone content;

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.

In favorable circumstances: The degree of assault against the victimized police officer is relatively weak.

Defendant's mistake is recognized.

There shall not be any history of punishment heavier than that of the same criminal history or fine to the defendant.

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