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(영문) 서울남부지방법원 2019.10.17 2019고단3508
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of five hundred thousand won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

1. On May 25, 2019, the Defendant 20:24, around 20:24, at the time of the performance of official duties, posted time signals to the police officer, etc., who was a police officer of the Seoul Gyeyangcheon Police Station D police box, who was dispatched to the site after receiving Defendant 112 a report by the Defendant on May 25, 201, stating that “I think how I sent five million won to the scene of the obstruction of performance of official duties.” When the police officer, he saw that E was a new attack at the entrance, he saw that he was “I Ha Ha Ha Ha Ha Ha Ha Ha Ha? Ha Ha Ha Ha

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

2. On May 25, 2019, at around 21:49, the Defendant violated the Punishment of Minor Offenses Act: (a) filed a false report on a crime that was not deemed to have been “the person was killed in a force majeure case; (b) the police box of Yangcheon-gu Seoul, Seoul, Seoul, and that was arrested as an act of committing an act of obstructing performance of official duties, as described in paragraph (1) at the D police box of Yangcheon-gu Seoul, Seoul, and filed a false report on the crime to public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of G, H, I, and J;

1. Each l12 reported case handling table;

1. Damage photographs;

1. Application of Acts and subordinate statutes to CDs data (portphones and videos);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, choice of imprisonment), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false declaration and choice of fine) concerning the crime;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (limited to imprisonment);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The recommended range of the punishment for obstruction of performance of official duties according to the sentencing guidelines (determination of the type of punishment) [Article 1] The recommended range of the obstruction of performance of official duties/performance of official duties (special person)].

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