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서울남부지방법원 2014.09.19 2014고단2487
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 5, 2014, at around 21:20 on July 21, 2014, the Defendant received 112 report that the assault case occurred in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the police officer D belonging to Yeongdeungpo-gu Police Station C District was viewed to listen to the Defendant’s statement on the facts of assault from the Defendant’s daily behaviors.

Accordingly, the Defendant assaulted D above D on the ground that the police, upon receiving the 112 report, received the statement from the police or the Defendant’s daily statement, such as “I am late? 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 am? I am? I am. I am? I am. I am? I am. I

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the processing of 112 reported matters by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

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. Although it is necessary to strictly punish the crime of obstruction of performance of official duties in order to block the light of public authority’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act and create a social atmosphere that respects the law and principles, the punishment is imposed as ordered by comprehensively taking account of the circumstances leading up to the occurrence of the defendant, the circumstances leading up to the occurrence of the crime, the degree of the assault in this case, the defendant’s age, character and conduct, the circumstances after the crime, etc., and all the conditions of the sentencing as shown in the records and arguments, such as the records and arguments of this case.

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