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(영문) 서울중앙지방법원 2020.01.08 2019고단3280
공무집행방해
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 20, 2019, at around 00:20, the Defendant: (a) received a 112 report on the ground that he was a taxi engineer and a Si guard in front of Jongno-gu Seoul Metropolitan Government on the ground that he was in front of the scene; (b) received a direction from the police officer D(38) who was assigned to the police station of the Seoul Hypo Police Station to “the relevant taxi is the Incheon si, and thus, returned home using another si,” and (c) took a bath to the police officers including the victim who left the site, such as “the said si would die son, and the police son,” and assaulted the victim’s chest by drinking, booming the victim’s face, frighting the victim’s face.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 reports.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of the CD-related Acts and subordinate statutes to a copy of cell phone image submitted;

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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, exercised a disturbance and violence against a police officer who was sent to the taxi after having received a report on the taxi with a trial expense due to his refusal of boarding.

However, the degree of assault by the defendant was not severe, and the defendant has no record of being punished in excess of the same criminal record or fine.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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