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(영문) 수원지방법원 성남지원 2019.11.27 2019고단2445
공무집행방해
Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

At around 07:34 May 18, 2019, the Defendants conspired with each other, and reported to the effect that “the Defendants are wraped by each other” in front of the convenience store in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam, Seoul, with the report of 112, and obstructed police officers’ legitimate execution of duties concerning the handling of the reported case by assaulting the F and the Defendant A, a police officer belonging to the Sungnam Police Station E-gu, the Sungnam Police Station E-gu, Seongbuk-gu, Sungnam, Seoul, with the report of 112, to the effect that “the Defendants are wraped by each other.”

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G and F;

1. Application of statutes on photographs of damage;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of performance of official duties as serious crimes detrimental to the function of the State by nullifying legitimate exercise of public authority.

However, the Defendants recognized the facts charged of the instant case and reflect the depth thereof, Defendant A is the primary offender, and Defendant B has no record of the crime of obstruction of performance of official duties, etc. In addition, the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and other circumstances revealed in oral arguments, such as the circumstances after the commission of the crime, shall be determined as ordered.

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