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(영문) 서울북부지방법원 2019.08.13 2019고단1248

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

Criminal facts

On December 8, 2018, at around 01:15, the Defendant: (a) heard the statements of the relevant persons by the police officers affiliated with the Seoul Gangseo-gu Police Station C commander of the Seoul Gangseo-gu Police Station, who was dispatched after receiving 112 reports; (b) sought the Defendant’s statement by the relevant police officers; and (c) sought to “whether the reporter, etc. was subject to violence and desire to do so from the Defendant; and (d) assaulted the chest of the said D’s chest on his own hand.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed assault against the police officers dispatched after receiving a report.

Although the defendant's liability is not easy in that he/she obstructs a police officer's legitimate performance of his/her duties, it seems that he/she lives faithfully, such as the defendant's age, occupation, character and conduct, environment, motive of the crime, circumstances after the crime, etc.