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(영문) 서울중앙지방법원 2020.03.26 2020고단227
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 23, 2019, at around 18:50, the Defendant was under the influence of alcohol in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (a) deemed that it is necessary to assist the police officer D, who was called up after receiving a report of 112 that “A person under the influence of alcohol was under the influence of alcohol; and (b) determined that the police officer D, who was a police officer of the Gwanak-gu Police Station C police box called up to the hospital, was under the influence of the police officer, and was under the influence of the police officer; (c) 119 rescue workers dispatched to the hospital through the vehicle of 119 emergency vehicles, and refused to send the police officer to the hospital, and “Isssss are under the influence of the police officer, who were under the influence of alcohol; and (d) refused to send the police officer to the police station, who was under the influence of the police station; and (d) refused to do so by assaulting the police officer to the police station; and (d) refused parts of the back part of the police officer.

Accordingly, the defendant interfered with the legitimate execution of D's duties on protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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 with regard to the instant crime is the case where a police officer, who is performing official duties while under the influence of alcohol, commits the instant crime, and the nature of the crime is not good.

The defendant has committed a crime in relation to drinking, several times.

However, the record of the above crime is not the same record as this case, there is no record that the defendant was punished in excess of a fine, the fact that the defendant was aware of the crime, the fact that the defendant was seriously opposed to the defendant, and the defendant's promise that the damaged police officer would not be able to do so while receiving the defendant's truth, and eventually, the damaged police officer believed the defendant's promise that "the defendant would not do so."

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