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(영문) 광주지방법원장흥지원 2020.12.10 2020고단174
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 August 3, 2020, at around 04:05, the Defendant reported that he had caused a disturbance of alcohol at the C Burial located in Seocho-gu Seoul Seocho-gu Seoul, and received a report from E, a police officer affiliated with the Seoul Seocho Police Station D police box, who was called to the site and received a request for returning home from the police officer, and assaulted the face of the above police officer once.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image);

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. Unfavorable circumstances such as exercising assault against a police officer who was dispatched as a report of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, etc. against the defendant for the sentencing of Article 334(1) of the Provisional Payment Order, such as: (a) the defendant's act of assault, etc.; (b) the defendant recognized the crime of this case; (c) the crime of this case was committed in depth; (d) the defendant had no record of punishment; and (e) the defendant is deemed to have made a serious effort to recover from damage, such as deposit for the victim; and (e) the defendant appears to have made a serious effort to recover from damage; and (e) the punishment shall be determined as ordered by the disposition, taking into account all the favorable circumstances, such as the prosecutor's old punishment, degree of assault and behavior as shown in the argument of this case, the age, character

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