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(영문) 서울중앙지방법원 2020.02.06 2019고단8619
공무집행방해등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

1. On November 2, 2019, the Defendant: (a) committed assault around Seocho-gu Seoul, Seocho-gu, on the roads near Seocho-gu, Seoul; (b) on November 2, 2019, the Defendant received 112 reporting that “ female guests are not under influence of alcohol on a taxi; (c) paid taxi charges from a police officer affiliated with the Seoul Western Police Station C District, Seocho-gu, Seoul, and solicited a police officer to return home; (d) made a shot, etc. on several occasions; and (d) sealed D’s chest by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

2. On November 2, 2019, the Defendant violated the Punishment of Minor Offenses Act was arrested as a flagrant offender committing a crime of obstruction of performance of official duties on the date and time set forth in paragraph (1), and was brought in to the Seoul Seocho-gu Seoul Seocho Police Station C district on November 2, 2019, and was under the influence of alcohol, it was difficult for the Defendant to have avoided disturbance for about 20 minutes, such as where he took a handbag carried with “Isker who committed a crime of interference with performance of official duties,” and was under the influence of alcohol.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Obstruction of performance of official duties under Article 136 (1) of the Criminal Act concerning criminal facts;

(o) Article 3(3)1 of the Punishment of Minor Offenses Act (Selection of Imprisonment with prison labor);

2. Determination of fine

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for concurrent crimes;

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

1. The sentencing guidelines for the crime of obstruction of the performance of official duties [the scope of recommending punishment] [the basic area of obstruction of the performance of official duties] under Article 62(1) of the Criminal Act: the sentencing guidelines for the crime of obstruction of the performance of official duties: the sentence that there is no person who has been a special person in June to 1: the motive and background of each of the crimes of this case (the case that occurred in the event of drunkly) and the degree of injury caused by each of the crimes of this case.

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