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(영문) 서울중앙지방법원 2020.10.15 2020고단2760
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 April 20, 2020: (a) around 05:29, the Defendant, at around the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal Ordinance No. 112 telephone calls for questions about the background of avoiding disturbance from the E officer belonging to the D District Unit of the Seoul Gwanak-gu Seoul Special Metropolitan City Special Metropolitan City Police Station D District, which was called as “hicker, wicker, wicker, and well fighting,” and assaulted the Defendant by hand his body, such as the shoulder of the E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Investigation of photographic images of portable telephones);

1. Application of Acts and subordinate statutes concerning public official identification;

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.

However, the defendant has no past record of criminal punishment.

It seems that the crime is recognized and reflected.

It seems that the victim police officers have made efforts to kill, and the degree of assault against the police officers is relatively minor.

As can be seen, comprehensively taking account of the various circumstances favorable to the defendant and the sentencing conditions shown in the trial process of this case, such as the age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., the amount of fine shall be imposed only once, but the amount of fine shall be determined as KRW 5,00,000. It

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