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(영문) 서울중앙지방법원 2019.09.25 2019고단2340
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On April 16, 2019, around 21:26, the Defendant was asked to present identification cards from the background D belonging to the C District in the Seoul Suwon Police Station C District and the border E, who called to the site after receiving a report from 112 on April 16, 2019, in front of the Gangnam-gu Seoul building, “I want to take a bath to a taxi driver and fluor,” and assaulted the Defendant once, upon receiving a request for assistance from the above police officers, to arrest a flagrant offender from F, etc., who was dispatched to the site, on one occasion at the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes by police officers E and F and the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, E, F, H, and I;

1. Application of the CD 1 statute

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

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 act of obstructing the legitimate performance of duties by police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be punished strictly. However, the act of obstructing the defendant's lawful performance of duties by the police officers shall be determined as ordered by the order, taking into account the following factors: the defendant recognized his mistake and reflects his depth; the defendant had no record of criminal punishment prior to the instant case; the defendant again does not commit such crime; the degree and circumstance of the type of the defendant's exercise; the degree of force and circumstance leading up to the defendant's exercise; the defendant's age, character and conduct, environment, health conditions, means and

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