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(영문) 서울중앙지방법원 2021.03.08 2020고단8108
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 17, 2020, at around 03:30, the Defendant was urged to fall from the Embbratian of the Seoul Dongjak-gu Seoul Metropolitan Government Police Station D's 112 telephone report and to fall into the patrol car of 51, which C was called out, even though he was urged to fall from the Embratian of the Seoul Dongjak-gu Police Station D's 112 telephone.

The term “slick ................... for about five minutes, assaulted the Eman’s grandchildren who interfered with the operation of the patrol car and restrained the Eman’s grandchildren in a way that the latter knife knife knife knife knife knife knife knife knifes

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes on the Handling of Cases to Report 112, 112, each of the police statements made to the defendant by the prosecution E and F concerning the interrogation of the suspect;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant interferes with the execution of official duties by preventing the operation of the patrol vehicle by means of cutting down the back seat of the patrol vehicle and cutting off its windows, etc., and by spreading the hand of police officers who restrain the operation of the patrol vehicle, and the nature of the crime is not good.

However, considering the fact that the defendant acknowledged the facts of crime, the fact that the personal or material damage was not actually incurred, the age and occupation of the defendant, the circumstances leading to the case, the method and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the various sentencing factors indicated in the arguments and records of the case.

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