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(영문) 서울중앙지방법원 2020.11.25 2020고단6858
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 20, 2020: (a) around 03:10, the Defendant: (b) 112 of the Gangnam-gu Seoul Building, which was a police officer belonging to the Seoul Gangnam-gu Police Station, who received and called the 112 report, and solicited the Defendant to return home, “I ambly on the sobandum house” while taking a bath to “I amband kick,” and assaulted the victim’s left her by force.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer's 112 report.

2. On September 20, 2020, the Defendant was arrested in a flagrant act under the suspicion of obstruction of performance of official duties, such as Paragraph 1, and was under the influence of alcohol on September 20, 2020, the Defendant expressed to the police officers that “I am shot, nitro face, tearing out. I am unable to width. I die in governance, die before I am her, die her son's son, her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's flab on the floor, etc., and her very rough, her very rough, her very rough, her very rough, her very rough, and her very rough, her very rough, her very rough.

Summary of Evidence

1. The application of the provisions of Acts and subordinate statutes to the police investigation report on the defendant's legal statement C, investigation report (the situation at the time of dispatch of the police officer to the police station and video-related to the image of the police box within the E box), the circumstantial statement, the 112 report handling statement

1. Relevant Article 136 (1) of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act, the option of a punishment for an offense, and the option of a punishment for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, such as the background and content of the instant crime, and the need for strict punishment as an offense detrimental to the State’s function by obstructing the exercise of public authority.

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