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(영문) 서울남부지방법원 2020.11.18 2020고단3522

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 19, 2020, at around 05:10, the Defendant refused to present an identification card for the notification of unauthorized crossing by a policeman affiliated with the Seoul Yeongdeungpo-gu Police Station C District, Yeongdeungpo-gu, Seoul, and assaulted the face part of the said D at one time by her hand, stating that “Crops, rings, bitch bitch bitch bitch bitch bitch bitch bitch”.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigative reports (clocks and images attached);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the background of the instant crime; (b) the degree of assault against police officers; (c) the accused was found to have committed any offense; and (d) the accused was found to have not committed any identical criminal offense; and (e) there was no record of punishment exceeding a fine after being sentenced to a suspended sentence for about 28 years; and (e) other circumstances, such as the Defendant’s age, character and conduct; (b) the motive, means and consequence of the instant crime; and (c) the circumstances after the crime,