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(영문) 서울동부지방법원 2020.01.10 2019고단3354
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 12:40 on June 15, 2019, the Defendant: (a) reported 112 at the front of the C coffee set in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) instructed the Defendant to arrest the Defendant as a flagrant offender in the crime of assault; (c) resisted the E’s body; and (d) assaulted the E Bbuck site two to three times.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. A H statement;

1. The investigation report (No. 2 No. 1);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. In light of the contents and circumstances of the instant crime, such as assaulting a police officer on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, which the Defendant committed a crime in the course of performing official duties, the nature of the crime is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing factors shown in the arguments of this case, such as the fact that the defendant is recognized of his mistake and is against the defendant, that the defendant has no same kind of power, the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, the form and degree of obstruction of performance of official duties, etc.

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