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(영문) 서울중앙지방법원 2020.12.23 2020고단7384
공무집행방해
Text

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

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

Reasons

Criminal facts

On August 22, 2020, at around 05:00, the Defendant: “A fighting was fighting at the front of the C cafeteria located in Seocho-gu Seoul Metropolitan Government,” “A 112 phone report was sent to the Defendant, she would have been solicited by the E police officer belonging to the Seocho Police Station D police box, who was called for the Defendant, to file a petition from the E police officer and F police officer at the Seocho Police Station D police box, who was called for the Defendant, sent the said E’s shoulder part once by hand, and assaulted the said F’s chest part once by hand.

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. Each police statement of E and F;

1. Investigation report (related to video images of suspects of obstruction of performance of official duties);

1. Application of the Acts and subordinate statutes concerning the closure of photographic images at the scene of crime;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The defendant's crime of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy in light of its circumstances, contents, etc.

However, the defendant has no record of being punished for committing a crime against his/her mistake while committing a crime.

The punishment as ordered shall be determined in consideration of the above circumstances and the Defendant’s age, character, conduct and environment, the background and consequence of the crime, and the circumstances after the crime, etc., as well as the various circumstances that form the conditions for sentencing as shown in the instant records

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