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(영문) 서울서부지방법원 2019.08.29 2019고단760

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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2019, at around 23:20, the Defendant asked the Defendant, who is a police officer belonging to the Eunpyeong Police Station D District Unit of Eunpyeong Police Station, who was dispatched after receiving the report of 112, that he avoided disturbance, that he was called “Isson?” The Defendant saw the Defendant as “Isson?” The Defendant pushed the Defendant’s chest by hand, “Isman?” The Defendant, a police officer, was in the F’s face by taking the horses “Isn’s identification card inside the bank,” and was in his hand taken in the Defendant’s face by putting the horses “F is arrested as a flagrant offender,” and the Defendant tried to walk around the back of the back of the F’s backline.

The Defendant continued to arrest a flagrant offender due to the foregoing facts and moved out of the above main points, and assaulted the Defendant, before the entrance of the above main points, to walking the right bridge of E due to his own navigation.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and criminal investigation.

Summary of Evidence

1. The defendant's statement in court (the second trial date);

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. On the one hand, confessions and reflects the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and repeats the same while many persons have been punished by violence, and considering other circumstances, such as the defendant's age, career, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.