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(영문) 서울동부지방법원 2020.05.21 2020고단396
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

At around 23:50 on January 31, 2020, the Defendant, upon receiving a report from a park near 197, Songpa-gu, Songpa-gu, Seoul, that “A person can live on the west west west west west west west west west,” sent to the site, sent the Defendant’s Sheet by causing the Defendant to move. The Defendant, at the same time, she saw C’s face to go beyond the floor at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Reporting case handling table; and

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

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of punishment by a fine not exceeding 10 million won;

2. Determination of sentence (unfavorable circumstances) of sentence for a crime committed by assaulting a police officer in the course of performing official duties to interfere with legitimate performance of his/her duties, and the liability for such crime is not less light in light of the circumstances and details of the crime, the degree of damage inflicted by a damaged police officer, etc

[Free circumstances] There is no history of criminal punishment.

Recognizing the instant crime, one’s mistake is against himself.

The crime of this case seems to have been committed by drunkly.

I agreed with the damaged police officers.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

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