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(영문) 서울서부지방법원 2020.10.14 2020고단2287
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 5, 2020, at around 02:05, the Defendant received 112 report in front of Eunpyeong-gu Seoul Metropolitan Government, and solicited home to be returned by D, the circumstances belonging to the Seoul Western Police Station C District of Seoul Western Police Station, which caused the Defendant’s breaking up the cans and coffee he fat to D, and then spread the cans and coffee he fat to D, and assaulted the above D at one time with the hand floor “I am son, I am son, I am son later.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D concerning the investigation of the suspect against the defendant;

1. Photographs;

1. A criminal investigation report (Attachment to a detailed statement of handling cases reported 112);

1. Application of Acts and subordinate statutes to investigation reports (CCTV perusal and analysis);

1. Article 136 of the Criminal Act applicable to the crimes;

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 Article 334(1) of the provisional payment order is that the defendant has a long history of criminal punishment due to violent acts.

The crime of this case itself shall be punished with obstruction of the performance of official duties, such as her bucking with her buck, but it shall also be determined in consideration of the circumstances leading up to this case, the defendant's age, character and conduct, social environment, health conditions, etc.

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