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(영문) 서울중앙지방법원 2019.02.14 2019고단94
공무집행방해등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. At around 01:10 on Nov. 6, 2018, the Defendant expressed that “A police officers belonging to B area B who received the Defendant’s first 112 report that the Defendant was scamed from the Defendant’s daily behaviors and did not cope with the Defendant’s failure to take care of it,” who used the Defendant’s face at one time, and used the Defendant’s face at one time, scam and scambbbucks.”

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

2. On November 6, 2018, the Defendant violated the Punishment of Minor Offenses Act, around 01:20, the Seoul Central Police Station B district located in Jung-gu Seoul, Jung-gu, Seoul, and was arrested in a flagrant act under the suspicion of obstruction of performance of official duties under paragraph (1), spits down on the floor on the floor, while under the influence of alcohol, and spits or spits down on the floor, such as “Ye spit spit spit spit spits, fch spits, spit spit spits, spit spits, and spits.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (related to statements of witnesses);

1. The application of relevant Acts and subordinate statutes to the obstruction of performance of official duties and the cancellation of governmental offices;

1. Relevant Article 136(1) of the Criminal Act of the same Act concerning criminal facts, Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of the head of a government office), and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As for the sentencing of Article 334(1) of the Criminal Procedure Act, the crime of obstruction of performance of official duties, such as the instant case, shall be considered an unfavorable circumstance, given that there is a need for strict punishment in order to establish the national legal order and eradicate the light of the public authority.

On the other hand, the defendant's acknowledgement of each of the crimes in this case is against the defendant.

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