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(영문) 서울중앙지방법원 2020.04.01 2019고단6971
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 3, 2019, at around 05:20, the Defendant continued to have been under the influence of alcohol in Yongsan-gu Seoul, Yongsan-gu, Seoul, 343-20, and assaulted on the road at the northwest of Yongsan-gu, Seoul Coast Guard B police box belonging to C, police officers assigned to the Seoul Coast Guard B police box who was called upon 112 and called on the 112 report, on the hand floor of D at one time, and on one occasion at the right-hand buck of D, respectively.

As a result, the Defendant interfered with police officers' legitimate performance of duties on the prevention of traffic hazards, protection of people's lives and bodies, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of photographic Acts and subordinate statutes after closure;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouse [the reasonable circumstances] is against the Defendant’s confession of the instant crime.

There is a aspect that the defendant has committed the crime of this case in a drunken manner.

The defendant has no criminal records exceeding fines and there is no previous criminal records.

The extent of violence is not severe and victims do not want to punish the defendant.

[Unjustifiable circumstances] The crime of this case is very poor because the defendant used a direct tangible force on the body of police officers dispatched to protect himself under the influence of alcohol.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.

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