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(영문) 서울북부지방법원 2020.06.12 2020고단732
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

Punishment of the crime

On January 9, 2020, the Defendant: (a) expressed in front of the C Hospital located in Nowon-gu in Seoul Special Metropolitan City on January 22 and 10, 2020; (b) expressed that “the slope E belonging to the D District Unit of Seoul Nowon-gu Police Station, which called “no female female passenger will take place” and called “the head of the day after the end of the day.” (c) demanded the Defendant to unfold a mobile phone pattern in order to break down his body and to communicate to his guardian by shakinging his body; and (d) cut off the face of the above slope E, which was written with the Defendant’s hand floor at one time, and continuously tried to arrest the Defendant as an offender in the act of obstruction of the performance of official duties; and (e) expressed his face to E, spit it once, spit it once, and assault the Defendant on a bridge, etc.

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. Statement to E by the police;

1. A written statement;

1. A criminal investigation report (related to submission of voice recording files, etc. recorded by a police officer at the site), and a criminal investigation report (referring to a report on the listening to sound recordings);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, while under the influence of alcohol, uses assaulting the police officer's face at one time after receiving a 112 report. The crime of obstruction of performance of official duties is not a crime detrimental to the national function by nullifying the exercise of legitimate public authority.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

The defendant was a first offender with no record of criminal punishment, and the police officer did not leave or get off the police officer.

Such circumstances and the age, character and conduct, the environment, the circumstances of the crime, the circumstances after the crime, etc. of the defendant.

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