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(영문) 서울북부지방법원 2019.08.14 2019고단2006
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

At around 22:40 on April 7, 2019, the Defendant: (a) controlled the Defendant on the road to drive away a taxi, which was a police officer belonging to the Seoul Sejong Cancer Police Station C police station, who was called a Si guard, in front of the building in Seongbuk-gu Seoul, after receiving 112 reports related to taxi trial expenses; and (b) obstructed the Defendant from driving away the taxi, which was a police officer belonging to the Seoul Southern Cancer Police Station C police station, who was called a Si guard; and (c) interfered with the said D’s chest by “The Defendant was sound, sound, sealed the chest of the said D’s chest by hand, and bat down the bat.

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. Police suspect interrogation protocol of the accused;

1. Statement of D police statement;

1. A criminal report (Attachment of evidentiary materials), CD;

1. Specifying the place of crime, and applying the Acts and subordinate statutes of E-Guidance output;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant assaultss a police officer dispatched after receiving a report of 112, and the nature of such crime is not minor;

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, means and methods of crime, circumstances after the crime, etc., are equally considered to recognize the crime of this case, the defendant appears to be against the defendant, the absence of the same criminal records, and the defendant's punishment is not wanted by a unanimous agreement with the damaged police officers, and the punishment is determined as ordered.

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