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서울북부지방법원 2020.02.18 2019고단2803

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 14, 2019, at around 14:25, the Defendant reported in front of the Dongdaemun-gu Seoul, Gangnam-gu, Seoul, on the 112 report, “Isn't have to go back, Isn't have to go back and go back to the scene, and when the police officer of the Seoul Gangseo-gu Police Station C police box called the above D demanded the Defendant to present his identification card, the Defendant took a bath to the above D, and acted as I am on his hand, and the above D took the Defendant’s arms, and kn's face and kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's k'.

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. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Each statement of F, G and H;

1. Investigation report (Attachment of a photograph of damaged part of the victim);

1. Application of closure photographs and CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) there is no criminal record of the defendant; (b) the defendant is led to confession and reflect; (c) the defendant has a clear and uncomponed family trouble and fluent family trouble; and (d) the defendant has to receive medical treatment and not repeating the crime; and (c) other circumstances as shown in the records and arguments of this case, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime,