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(영문) 서울동부지방법원 2019.11.29 2019고단3212
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.

Reasons

Criminal facts

On October 7, 2019, at around 01:45, the Defendant: (a) expressed the desire to “I am home on the road in front of a gas station located in Songpa-gu Seoul Metropolitan Government,” that “I am home on the roadway’s front of the gas station in Songpa-gu, Seoul, “I am going home on the roadway,” and that “I am going home from F, I am imple, embling, and sick, I am to see the ice that I am swe can swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe s

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (including the F’s statement part);

1. Investigation report (Scambox search, etc.);

1. Application of six copies of a photograph to a major head of a course of closure under Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E by police officers with heavier rank);

1. Selection of an alternative fine for punishment;

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

1. As the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is selected, the sentencing guidelines do not apply to the provisional payment order.

The defendant assaulted victimized police officers in the course of performing their duties to interfere with the legitimate execution of their duties, and the liability for such crime is not against the law.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the degree of the use of the crime was not much serious, and the first offender who has no record of criminal punishment, etc.

In addition, in comprehensive consideration of the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, circumstances after the crime, etc., and various sentencing factors specified in the records and arguments, the punishment as ordered shall be determined.

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