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(영문) 서울중앙지방법원 2020.11.02 2020고단4847
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 July 2, 2020, at around 23:25, the Defendant: (a) was divingd to the stairs under the influence of alcohol in front of the exit of the new calendar station No. 606, Gangnam-gu, Gangnam-gu, Seoul, the Defendant: (b) 3:25, a police officer of the Gangnam Police Station B police box called the Defendant at the 112 report that “A and D, a police officer assigned to the Gangnam Police Station B, who was called the Defendant, recommended the Defendant to have the Defendant go home, she was able to take the right-hand bridge by cutting back the D’s back to her hand and walking the her to the right-hand bridge; and (c) she was able to see the me by her hand and take the her face by drinking, and assaulted her her to walk her to her her to her fright.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to police statements made to C and D;

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.

A defendant shall be punished once by a fine for a crime of this kind, and there shall be no other criminal records.

There is a somewhat contingent aspect that the defendant committed the instant crime under the influence of alcohol.

In order to prevent victims from committing the instant crime, 3 million won was deposited.

[Unjustifiable circumstances] The crime of this case is not likely to be committed because the defendant exercised a direct tangible force on the body of police officers dispatched for the purpose of protecting 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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