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(영문) 서울중앙지방법원 2020.08.12 2020고단3606
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 6, 2020, at around 02:24, the Defendant was urged to voluntarily move back to a D police box and return home, along with the E details under the jurisdiction of the Seoul Jongno-gu Police Station D police box called out after receiving a 112 telephone report from Jongno-gu Seoul, Jongno-gu, Seoul, and the second floor C Kaf, which was called up by the Defendant.

At around 03:38 of the same day, the Defendant saw the above C Cafa at the police box, and saw the Defendant to return home from the F officer assigned to the said C Cafa, who was urged by the Defendant to return home from the police officer assigned to the said C Cafa, at the above C Cafa, and used the above F F's body one time by hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning CCTV recording data to one CD;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Article 334(1) of the Criminal Procedure Act provides that an offense of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment compared to an ordinary act of assault or intimidation since it undermines the function of the State by assaulting or threatening a public official who properly performs his duties. However, in the instant crime, the degree of assault by the Defendant is relatively heavy, the circumstances leading up to the instant crime, the circumstances leading up to the instant crime, and the means and consequence of the instant crime, including the circumstances after the commission of the crime, and the records of the Defendant’s criminal records, etc.

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