(영문) 의정부지방법원 고양지원 2020.04.10 2020고단369

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(영문) 의정부지방법원 고양지원 2020.04.10 2020고단369

공무집행방해

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 20:50 on December 30, 2019, the Defendant moved to the C zone with police officers, such as slopeD, belonging to the Eunpyeong Police Station C zone in Seoul, who called “Isber is facing face” after receiving a report on December 30, 2019, and moved to the C zone to take protective measures for the Defendant. At around 21:20 on the same day, the Defendant arrived at the front of the C zone located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, and took a look at the front of the C zone in Eunpyeong-gu, Seoul, and took a look at the upper part of the C zone of the said slope D one time for drinking.

Accordingly, the defendant interfered with police officers' performance of duties concerning the handling of reported cases and protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the CCTV image photograph Acts and subordinate statutes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. The sentencing criteria shall not apply because they choose a fine for the application of the sentencing criteria.

3. The crime of this case, which is a case where the defendant uses assault against a police officer performing official duties, and the obstruction of performance of official duties, which is detrimental to criminal justice procedures by disregarding public authority, is highly likely to be subject to criticism by itself.

However, the Defendant stated that all facts charged are recognized and against the Defendant, the degree of interference with the Defendant’s performance of official duties or the degree of damage to police officers does not seem to be severe, there is no previous charge, and no sentence is imposed since 1977, and the Defendant is supported by the aged 102 who is currently aged 73, and the fact that the Defendant is a person who has rendered distinguished services to the State is currently supported by the aged 102 who is currently aged 73, and is considered as favorable to the Defendant, and the Defendant’s character

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