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(영문) 서울남부지방법원 2021.02.09 2020고단5698
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 21, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court on February 20, 2020 and released upon revocation of detention on February 21, 202, and the said judgment became final and conclusive on February 21, 2020, and the execution of the sentence was terminated.

On June 20, 2020, the Defendant received a report from the police slope E belonging to the police officer of the Seoul Yeongdeungpo-gu Police Station D police station D police station, Yeongdeungpo-gu, Seoul who called "C" within Yeongdeungpo-gu Seoul on June 18:15, 202, and called "C was assaulted before early payment." The Defendant received a report after the following drinking.

The reason why the word "I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am you

Accordingly, the defendant, who is a police official, interfered with legitimate execution of duties on the handling of reports by E 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order have many records of being punished for violent crimes, including interference with the execution of official duties, and there is a high possibility of misunderstanding the instant crime during the repeated crime period.

The crime of interference with the performance of official duties needs to be punished for the establishment of national legal order.

However, the defendant is likely to not repeat a crime because he/she reflects his/her mistake, the defendant is subject to a fine only once by taking into account all kinds of sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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