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(영문) 서울동부지방법원 2019.06.14 2019고단1171
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On November 11, 2018, at around 04:25, the Defendant was under the influence of alcohol on the road before the police box located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and received a report from 112 that “the male is under the influence of alcohol,” and requested the police officer affiliated with the police box of the Yongsan-gu Police Station C to return home to the house, and the Defendant stated that “the above D, who is subject to the imposition of tax during the imposition of tax, takes a desire to fribbb above the width, i.e., this spacta, son, and throw away the victim’s chest,” and assaulted the victim’s chest on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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.

The defendant assaulted a victimized police officer in the course of performing his/her duties to interfere with the legitimate execution of duties, and the liability for such crime is not easy.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the degree of the use of the crime was not much serious, and the first offender who has no record of criminal punishment, etc.

In addition, the defendant's age, character and conduct, degree of assault used, motive and circumstance of the crime, means and consequence of the crime, various sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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