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(영문) 서울중앙지방법원 2020.11.19 2020고단6093
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 23:00 on August 18, 2020, while drinking alcohol in front of the subway Claim No. 77 at the request of Jung-gu, Seoul, the Defendant got reported 112, and obstructed legitimate execution of duties concerning the maintenance of order by assaulting the Defendant, who was a police officer of the Seoul Central Police Station B police box, C and D, a police officer of the Seoul Central Police Station B police box, who was a police officer of the Seoul Central Police Station B police box, to move to the delivery of the Defendant, who was on the roadway, who was on the roadway, and who was on the roadway.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling lists, and photographs of damaged police officers;

1. The application of investigation reports, investigation reports, and Acts and subordinate statutes concerning CCTVs of government agencies;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The act of assaulting police officers who perform official duties in sentencing grounds under Article 334(1) of the Criminal Procedure Act requires strict punishment for obstruction of performance of official duties which harm the legitimate exercise of public authority.

However, considering the circumstances favorable to the defendant, such as the confession and reflection of the crime of this case, the fact that the defendant does not repeat the crime of this case, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, the age, character and conduct, environment, the motive and circumstances leading to the crime of this case, the means and consequence, the circumstances after the crime, etc.

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