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(영문) 서울중앙지방법원 2020.11.17 2020고단6990
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

At around 02:50 on September 16, 2020, the Defendant, on the front side of Gangnam-gu Seoul, sent a report of 112 telephone calls, and was solicited by D to return home from a police officer belonging to the Seoul Gangnam Police Station C District District of Seoul Gangseo-gu, Seoul, which called D to “I am unable to contact the police officer’s body and to return home,” and when he was solicited by D to “I am home, I am I am you am you am son.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Application of the Acts and subordinate statutes on arrest of flagrant offenders in the police's written statement concerning partial statement D, the defendant's statement, 112 report processing table, bar-camp photographic images, and closure photographs;

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. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is under the influence of alcohol and demanding the Defendant to return home on the road, but the situation of the crime is not somewhat weak, such as continuing to walk a trial expense and assaulting the police officers, etc. The fact that there is no criminal record, the degree of assault is relatively small, and the punishment is determined as ordered by taking full account of all the kinds of sentencing conditions indicated in the instant case such as the motive, means and result of the instant crime, circumstances after the crime, age of the Defendant, personality and conduct, family environment, etc.

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