(영문) 서울중앙지방법원 2020.01.30 2019고단5383

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(영문) 서울중앙지방법원 2020.01.30 2019고단5383

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 19, 2019, at around 23:30, the Defendant walked at the center of the center line while drunking along the six-lane road in front of the Seoul Jung-gu, Seoul, and was sitting on the road. On the road, the Defendant notified the Defendant of the imposition of a penalty on the vehicle without permission by the police box belonging to the Seoul Central Police Station C box of the Seoul Central Police Station, which called the Defendant, after receiving the report of 112 that “I are sitting on the roadway, I would like to keep the Defendant from entering the roadway, preventing him/her from entering the roadway, preventing him/her from entering the roadway, and she would see the left side of D with the saw that I would see the face of D.

As a result, the Defendant assaulted D in the process of dealing with the 112 reported case and obstructed the police officer's legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report (as a result of the analysis of video data), video CDs;

1. Application of the statutes on photographic data of victims;

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

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 of sentencing of the instant case under Article 334(1) of the provisional payment order is as follows: (a) the offender under the influence of alcohol appears to have the right to view the police officer’s left side by resisting the police officer in the process of taking protective measures, taking into account the background of the instant crime, the form and degree of assault (the police officer was seated inside the sidewalk of the Defendant, and her hand appears to have the right to her hand by resisting the Defendant); (b) the criminal records of the Defendant ( there is no record of the crime of obstruction of performance of official duties and there is no record of punishment heavier than the fine), and

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