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(영문) 서울남부지방법원 2021.03.31 2021고정163
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a guest boarding the instant taxi, and the victim D(48) is a police officer serving in the Seoul Gangnam Police Station E box.

On January 10, 2021, at around 20:40, the Defendant arrived at the port of Gangseo-gu Seoul Metropolitan Government, No. 164, 7, e.g., the e., the e.g., the e., the e., the e., the e., the e., the e.

Since then, the victim's 112 report stating that "the taxi or the passenger is not allowed to take alcohol," that "the taxi fee is paid to him/her and returned home" was assaulted by D, such as spitation, etc. of spits, etc., by seeing the horses, spiting the victim's bath, frighting on the face of the train and face.

Accordingly, the Defendant interfered with the legitimate execution of duties such as the handling of 112 reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Written Statement (B) and Statement by the Police (B);

1. Application of Acts and subordinate statutes to statement protocol (D);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment: The crime of this case is deemed to be inferior.

The favorable circumstances: The defendant recognized the crime of this case as the first offender who had no previous record, and seriously reflects it.

In addition, comprehensively taking into account the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and arguments, the punishment shall be determined as ordered.

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