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(영문) 서울중앙지방법원 2020.05.13 2020고단1771
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2019, around 05:15, the Defendant: (a) received 112 report at the top of the hotel in front of the Gangnam-gu Seoul Metropolitan City B hotel; and (b) obstructed the police officer’s body and arms by threatening D, a police box affiliated with the Seoul Gangseonam Police Station C commander of the Seoul Gangseo-gu Police Station, who confirmed the field situation, listened to the relevant persons, such as the reporter, witness, etc., and led to the hotel staff; (c) prevented the Defendant who was suffering from disturbance while suffering from disturbance; and (d) threatened the said police officer with the desire of “cirr, dead, dead, sick, etc.,” doing his behavior, as at the time of throwing a cell phone, and assaulted the police officer’s body parts by taking advantage of the police officer’s body and arms.

Accordingly, the defendant interfered with legitimate execution of duties of police officers regarding the handling of 112 reported cases, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement of E and F;

1. Application of the Acts and subordinate statutes to report an investigation (verification of film materials taken by a police officer);

1. Article 136 (1) of the Criminal Act applicable to the crime;

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 under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State’s legal order and requires strict punishment, and the crime of obstructing the legitimate execution of duties by assaulting a police officer in uniform called out after receiving a report by the defendant 112 is not provided for in the nature of the crime. However, the fact that the defendant appears to be against the wrong act, the degree of the assault used by the defendant is not severe, the fact that the defendant has no criminal power in the same kind of crime, and the defendant’s age, character, character, environment, health conditions, the circumstances leading to the crime, means and result, etc. shall be determined as per the order of punishment in consideration of the sentencing conditions

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