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(영문) 서울서부지방법원 2021.02.02 2020고단3883
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 4, 2020, the Defendant interfered with the performance of official duties, around 03:54 on Nov. 4, 2020, around “C” singing practice place located in Mapo-gu Seoul Metropolitan Government, and around 03:54, there is a demand for a man who has passed two men.

“The” means that, upon receiving the report 112, the Mapo-gu Police Station D District Branch E, sent out, controlled illegal acts conducted in the said “C” singing practice room, but the said E cannot enter the party, and the Plaintiff was at one time at the left chest of the said E with the right drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning public peace and maintenance of order of E, a police officer.

2. The Defendant attempted to commit the destruction of property at the time, place, and in the above singing practice room, and attempted to attach an unfolded door to the market price, which was owned by the victim F, on the ground that the Defendant had to control the illegal act by entering the above singing practice room, but failed to achieve that intention.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements written by the defendant to the defendant's legal statement E in the C Sing practice place and photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 371 and 366 of the Criminal Act, and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant interferes with the police officer's performance of official duties, and that the person who attempted to damage property does not want the defendant's punishment; the defendant's criminal records; the defendant's age, sexual conduct, environment; motive, means and result of the crime; circumstances after the crime; and all of the sentencing conditions stated in the records and arguments of this case shall be comprehensively considered and determined as ordered.

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