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(영문) 서울중앙지방법원 2019.05.01 2019고단897
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 27, 2018, at around 23:50 on December 27, 2018, the Defendant landed from a taxi operated by C in front of the Gangnam-gu Seoul Building and sought payment of taxi charges at one time and left the taxi.

Accordingly, when the above C added the defendant and demanded the payment of charges, the defendant was pushed down with C.

At that time, on December 28, 2018, the citizen's report was received and sent around 00:18 on December 28, 2018, the Seoul Gangnam Police Station D District Police Station E heard the circumstances of the case from the above C and notified that he would arrest the defendant as a flagrant offender in the crime of assault.

Accordingly, the Defendant assaulted the above E’s bridge through several times.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes of Part II of the 112 Reporting Case List;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after the crime, the sentence is determined as ordered.

The crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and needs to be punished for the purpose of establishing national legal order and eradicating the light of public authority.

In favorable circumstances: The degree of assault against damaged police officers is not much serious.

The defendant's mistake is recognized, and the crime of taxi engineer occurred simultaneously with the crime of this case shows an attitude against the mistake, such as the performance of damage and the crime of death.

A defendant shall be punished with a heavier penalty than the same criminal power or fine.

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