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(영문) 서울중앙지방법원 2021.01.29 2020고단6455
공무집행방해
Text

Defendants shall be punished by KRW 4,00,000.

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

Reasons

Punishment of the crime

On July 22, 2020, around 22:10, the Defendant: (a) 49 water sources in Jongno-gu Seoul, Jongno-gu, Seoul, 49 Sropo-ro, “A man dispute” was sent to the Defendant, who was urged by the Defendant to file a petition from the police officer affiliated with the B police box called “A, if she speaks,” and (b) “C, if she speaks, she was frightly frightly frighten; (c) sealed the parts of the arms and breasts of C with his hand; and (d) continuously assaulted the part of the bridge of the circumstances surrounding the police box belonging to the same police box to which the Defendant restrains the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A damage statement of D;

1. Application of Acts and subordinate statutes governing the investigation report (to telephone conversations of a witness), investigation report (to be accompanied by a detailed statement of 112 report processing), a detailed statement of handling of reported cases in 112, a report on investigation, and attachment of photographs on the upper part of the victim C), and photographs on the upper part of the body;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and need to be punished in order to establish a national legal order and eradicate the light of the public authority.

The defendant, who was under the influence of alcohol, has committed an assault and interfered with the police officer's duties by verbal abuse, such as verbal abuse and smuggling. In light of the circumstances of the crime, method of the crime, etc., the nature of the crime is not good.

On the other hand, the defendant's mistake is recognized.

The defendant made efforts to recover damage by depositing money for the damaged police officers after the crime.

The result of the instant crime is serious to the police officers who suffered damage.

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