(영문) 서울남부지방법원 2019.05.15 2019고단1208

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(영문) 서울남부지방법원 2019.05.15 2019고단1208

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 22:00 on February 4, 2019, the Defendant: (a) at the Seoul Gangseo-gu Seoul Metropolitan Government District Police Station C District; (b) the Defendant resisted the case of his arrest under suspicion of interference with the business of the past; and (c) the reduced number of police officers belonging to the said District D, by stating his name and position, etc. in a paper and providing legitimate civil petition procedures; (d) the Defendant was passing through a disturbance, such as continuing noise even though he was requested to leave, without returning home without returning home; (c) the Defendant was walking back to the said district and walking the corrective gate again on several occasions, and the Defendant was able to take a patrol vehicle upon receiving a different report by 112; and (d) the Defendant did not interfere with the Defendant’s moving back to the back of the patrol seat to the lower end of the patrol seat; and (d) the Defendant did not interfere with the Defendant’s moving to the front of the patrol seat.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the video CD-related 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime, the background and content of the instant crime, the degree of damage, and the recognition of the crime, there was no record of criminal punishment prior to the instant case, and the use of drugs due to the outbreak of early 10 years ago, and other factors favorable to or unfavorable to the Defendant during the pleadings, such as the Defendant’s age, career, financial standing, and family relationship.

참조조문

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