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(영문) 서울북부지방법원 2019.06.05 2018고단3587

공무집행방해

Text

A defendant shall be punished by imprisonment for 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 July 21, 2018, at around 23:38, the Defendant received 112 reports to the Defendant’s residence located in the Jung-gu Seoul Metropolitan Government B C, and received inquiries from E and AssistantF concerning the reported matters, who were called out.

On the other hand, the defendant voluntarily taken the place in the defendant's residence, and after arranging the situation, the above police officers, "I do not have to take the 112 main body or 112 main body", and prevented the above police officers from taking the front of the door.

On the other hand, the Defendant continued to capture the above E’s arms, stating that “in accordance with this principle,” and assaulted the above F’s face, such as displaying the f’s face.

Accordingly, the defendant assaulted public officials and interfered with the legitimate execution of duties by police officials on 112 reported processing affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. The victim E's photo of the damaged part of the victim E;

1. Mobile phone images submitted by the police officer dispatched to the scene;

1. 112 Application of Acts and subordinate statutes of the 112 Report Processing Table;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Article 40 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 grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime of this case is not deemed to obstruct police officers’ performance of their official duties, and is not deemed to be against the defendant, there is no record of punishment for the crime of obstruction of performance of official duties, and the defendant has not been punished for the crime of obstruction of performance of official duties, and the degree of violence is not serious, and the punishment shall be determined as above, comprehensively taking account of all the factors such as circumstances of the crime