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(영문) 서울중앙지방법원 2020.02.05 2019고단5339
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 02:20 on May 6, 2019, the Defendant assaulted, on his hand, the Defendant, on the ground that he was asked the Defendant’s personal information to identify the police officer, who was a police officer belonging to the Seoul Western Police Station C District, who was called up after receiving 112 report from the taxi engineer B, before the Mapo-dong 236, Gangnam-gu, Seoul, while under the influence of alcohol, and was working on the roads of the 116-dong, Gangnam-gu, Seoul, Seoul, the Defendant obstructed the operation of the patrol car on which the said police officer was on board, obstructed the operation of the patrol car, booming the said police officer, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 against a police officer, who was reported and dispatched, due to the problem of charges that the Defendant was unable to pay by credit card lost in the taxi.

However, the degree of assault by the defendant was not serious, and the defendant has no same criminal record.

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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