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(영문) 서울서부지방법원 2020.11.05 2020고단2772

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2020, at around 21:35, the Defendant, on the subway station platform located in Mapo-gu Seoul, Mapo-gu, Seoul, and received 112 reports from the Defendant that he was assaulted by the Defendant, and refused to notify the Defendant of personal information from the police officer belonging to the Mapo Police Station B district of Seoul Mapo-gu, Seoul, and used the Defendant’s chest to assault the Defendant at one time as his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, each investigation report (in relation to refusal to affix a written confirmation and a seal of a physical confirmation, investigation into CCTV images);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The nature of the crime itself is not good and the circumstances are not good after the crime, and the circumstances favorable to the past have been committed several times: The extent of exercising force is minor; most of the past power is old or has been punished by a fine; the elderly economic situation is not good; and it is against the past.