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(영문) 서울중앙지방법원 2020.05.20 2020고단970
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 16, 2019, around 23:12, 2019, the Defendant interfered with legitimate execution of duties concerning the handling of reported cases by the police officer, etc. on several occasions, with the statement that D, a police officer belonging to the C District District, dispatched upon receipt of a report, was locked in the taxi, and she was faced with the said police officer, and that D, a police officer belonging to the C District District, who was a police officer belonging to the C District, was locked in the taxi, and returned home from the said police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D's performance of official duties;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (victim's DNA telephone), and CCTV images for crime prevention reports;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. Non-application of the sentencing guidelines: The sentencing guidelines do not apply to the case of a fine of KRW 3 million. 3. The crime of this case was committed by a police officer who received a report and tried to take measures to return home after having the police officer paid a taxi fee to the defendant, but the defendant rather obstructed the performance of official duties due to assault, and the liability for the crime is not easy.

However, the Defendant is against the recognition of the crime of this case.

It is difficult to see that the degree of obstruction of performance of official duties is serious due to the instant assault and its occurrence.

The Defendant appears to have committed the instant crime in a contingent manner under the condition that he was locked at the time.

The Defendant has no criminal records.

In addition, comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the sentencing conditions specified in the arguments in this case shall be determined as ordered.

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