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(영문) 서울동부지방법원 2019.06.13 2019고단1043
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On March 20, 2019, at around 20:57, the Defendant: (a) received a report from “Cju” located in Songpa-gu Seoul on March 20, 2019; (b) 112, stating that “the host scam scamscams scamscams; and (c) took part of E in the process of carrying out the guard box belonging to the Seoul Songpa-gu Police Station:10 on the same day; and (d) was waiting for the Defendant’s spouse at around 21:10 of the day when he was waiting for the Defendant’s dwelling in Songpa-gu, Seoul. In doing so, the Defendant assaulted the part of the above E’s left side buckbucks one time to walk.

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. Each police statement of E and H;

1. A written statement of I;

1. Application of one CD-recording statute to the data on CCTV recording at the site of the case;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing guidelines do not apply to the case where a person selects the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.

1. The range of punishment by a fine not exceeding 10 million won;

2. The sentence of sentence (unfavorable circumstances) has been sentenced to a fine due to violent crimes around 2014;

The act of assaulting a police officer in the course of performing official duties and obstructing the legitimate performance of his duties is not easy in light of the circumstances, contents, etc. of the crime.

【Egrative circumstances】 Recognizing the crime of this case, one reflects his wrong behavior.

The crime of this case seems to have been committed by drunkly.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

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