logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.02.12 2019고단4136
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 1, 2019, at around 01:00, the Defendant tried to enter her house by a drunk student in Mapo-gu Seoul Mapo-gu Ba C, and her husband has a dispute over the case. On November 1, 2019, the Defendant: (a) tried to commit assault against a resident F from a slope E belonging to the Seoul Mapo-gu Seoul Mapo Police Station Down Police Station that was dispatched after receiving a report of 112 of the content; and (b) pushed down the chest E with both arms.

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. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written statement of F and G;

1. Notification to the department of 112 cases;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning statements by police officers who have assaulted;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is a university student of the defendant for the reason of sentencing, and there is no criminal punishment.

In addition, from the case immediately after the case, the police violated one's own behavior and transferred the police officer's intention of apology.

However, it is inevitable to punish the defendant in principle when considering the degree of violence speech and behavior at the time of the defendant, even though the defendant was under the influence of alcohol, and the police officer's awareness of duties.

The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, attitude after the crime, etc.

arrow