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(영문) 서울남부지방법원 2020.02.06 2019고단6121
공무집행방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 2, 2019, at around 01:00, the Defendant was urged to return home from D, a police officer belonging to the Seoul Geumcheon Police Station C District, who was dispatched to the site after receiving a report of 112 that “user is a road distress” on the front side of Geumcheon-gu Seoul Metropolitan Government, and was dispatched to the site.

까. 좆밥아"라고 욕설을 하며 머리와 양손으로 D의 가슴 부위를 밀치고 오른손으로 D의 멱살을 잡아 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification to a department related to 112 Incident Report;

1. A report on investigation (scamblings and video images of patrols) and an accompanying video CDs;

1. A investigation report (on-site police officers' cell phone photographing images) and cell phone image CDs attached to the mobile phone;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties by obstructing the exercise of legitimate public authority, and thus undermining the function of the State. However, the defendant has the record of having been punished for violent crimes. However, the defendant's wrong recognition and reflective attitude, the defendant has no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, circumstances after the crime, etc. are considered.

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