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(영문) 서울북부지방법원 2019.08.14 2019고단2060

공무집행방해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 31, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for similar rape in the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and is still under suspension of execution, which became final and conclusive on September 8, 2018.

At around 01:20 on May 14, 2019, the Defendant: (a) avoided disturbance on the ground that the former female-parent C was refusing to meet with the entrance of the first floor of Dobong-gu Seoul Metropolitan Government; (b) obstructed D residing on the second floor of the above BBD; and (c) committed the above FF, such as assaulting the Defendant’s face on one occasion, two times at one time at one time at one time at one time at one time at one time at one hand, and pushed the chest with the chest, which was dispatched after receiving a report of 112 on the instant case, or in ske the 112 case, while the Defendant separated the above D from the Defendant, and confirmed the circumstances of the instant case.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, C, and D;

1. A written statement of G and F;

1. Evidence of the violence and obstruction of performance of official duties, video CDs;

1. Service log of a police box, 112 Report Handling Table (NO:816), and 112 Report Handling Table (NO:817);

1. Previous convictions indicated in judgment: Criminal records, reply reports (A), investigation reports (the facts during the suspension of the execution of a suspect, and violence) and the application of Acts and subordinate statutes;

1. In light of the relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing the sentence of imprisonment option, the fact that the defendant committed the instant crime without being aware of during the period of suspension of execution, and the degree of obstruction of performance of official duties, etc., a sentence shall be imposed on the defendant. However, in light of the fact that the defendant appears to recognize and reflect the crime, and the sentencing conditions as prescribed in Article 51 of the Criminal Act

Public Prosecution Rejection Parts

1. The Defendant’s summary of the facts charged is Seoul around 01:20 on May 14, 2019.