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(영문) 서울중앙지방법원 2020.10.16 2020고단5124
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 21:20 on June 24, 2020, the Defendant did not return home, even though he was solicited to return home from the police officer and the police officer belonging to the Seoul Gwanak-gu Police Station Cdistrict, Seoul, which was called upon 112 telephone report, and on the same day at around 22:04, the Defendant was coming up on the way on which he was moving the breath of the breath in the front of the Seoul Gwanak-gu, Seoul Special Metropolitan City. The Defendant was urged to move from the above D and E to the C district after having received the 112 telephone report of "I wishing to walk and walk the breath of the breath." The Defendant used the above D and E to take protective measures to move from the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and protective measures by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a police record on CCTV images investigation report (CCTV image investigation) to D and E;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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 on the ground that the instant crime was committed by assaulting a police officer who is duly performing official duties on the basis of the Police Act is not good.

However, the defendant has no record of being subject to criminal punishment before, and the defendant has recognized and reflected his mistake in this court, and other factors of sentencing, including the defendant's age, occupation, character and conduct, environment, motive, circumstance, means and consequence of the crime of this case, and circumstances after the crime, etc., shall be determined as ordered by taking into account all the factors of sentencing as shown in the records and arguments.

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