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(영문) 서울중앙지방법원 2021.01.14 2020고단5708
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 22, 2020, the Defendant, at the front side of Seocho-gu Seoul Metropolitan Government, expressed that “the foregoing male wraped” was urged to return home from the D police officer affiliated with the Seocho Police Station C police box called up after having received a 112 telephone report, and that he was frighted above the patrol box parkeded at that place, and assaulted the Defendant by getting off from the patrol set and walking off from the said set and walking off the body of the said D at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order ought to be strictly punished for a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and the degree of tangible power exercised by the defendant shall not be weak;

On the other hand, the circumstances that serve as the conditions for sentencing appearing in the records and arguments of this case, such as the fact that the defendant appears to recognize and reflect the crime, the fact that the defendant has no record of crime other than the fine prior to the punishment due to the crime committed against the crime committed against the defendant, and other circumstances that serve as the conditions for sentencing appearing in the records and arguments of this case, including the defendant's age

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