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(영문) 서울북부지방법원 2020.04.23 2019고단4763
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. On September 8, 2019, the Defendant violated the Punishment of Minor Offenses Act, around 03:25, around September 2019, 2019: (a) the Defendant, under the influence of alcohol, went off his/her will and clothes from his/her sperm, and her sexual organ exposed his/her sexual organ, so that he/she embled another person.

2. At around 04:10 on September 8, 2019, the Defendant: (a) sent to the scene after receiving a 112 report that “any female will take place; and (b) took a bath to E by the security guards belonging to the Seoul Gangseo-gu Police Station Down Police Station that confirms the Defendant’s personal information; (c) spited the said E’s bridge on several occasions; and (d) spit up three times on the face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the management of the on-site CCTV closure photographs and 112 reported cases;

1. Article 3 (1) 33 of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act (the occupation of a person in charge of obstruction of performance of official duties and the choice of a person in charge of minor punishment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order or order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) may be deemed that the Defendant’s liability is light in light of the method of each of the instant crimes and the degree of damage. On the other hand, there are circumstances, such as the confession and reflect of each of the instant crimes, and the Defendant does not have the same criminal records and has no criminal records exceeding the fine. As such, such various circumstances and other Defendant’s age, occupation, character and behavior, environment, family relationship, and the motive and consequence of the instant crime.

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