logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.28 2019고단4179
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Around 23:50 on June 17, 2019, the Defendant was urged to return home from E slope while under the influence of alcohol on the front road of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B apartment, the Defendant expressed that he was expressed to the above D and E “a bit bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.” The Defendant used the above E’s chest at one time, fry the Defendant’s personal attack, and used the above B’s bridge to walk once due to the outbreak.

As a result, the defendant interfered with the legitimate execution of duties of police officers' protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of investigation reports (Attachment of a photo by cutting off a field photographic screen pictures), investigation reports (related to field files and documentary evidence images), investigation reports (related to documentary evidence images) 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;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after the crime, the sentence is determined as ordered.

The crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and needs to be punished for the purpose of establishing national legal order and eradicating the light of public authority.

In favorable circumstances: The degree of assault against the victimized police officer is relatively weak.

Defendant's mistake is recognized.

There shall not be any history of punishment heavier than that of the same criminal history or fine to the defendant.

arrow