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(영문) 서울중앙지방법원 2019.07.11 2018고단7577

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 1, 2018, at around 10:15, the Defendant: (a) at the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Police Station C commander of the Police Station; (b) in order to obtain a written statement and a written consent of voluntary movement related to the assault case that occurred at the nearby main points of the police station, the Defendant: (c) sent the police box to D, who was affiliated with the police box, one time the body of the police box, “drashed” and sound, and assaulted the police box of E, who was affiliated with the same police box, once.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officers on criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the police interrogation protocol of the defendant;

1. Each police statement made to D and E;

1. Application of investigation reports (verification of closed-circuit television images and cellular phone images) statutes;

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

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of performance of official duties: June to June [Special Convict] as the reason for mitigation and aggravation of punishment (a minor degree of violence) pursuant to the reason for mitigation of punishment (a minor degree of violence): June to 16] (a decision of sentence] June to June 1, 196 (a decision of sentence] the motive and circumstance of the instant crime, the degree of violence exercised, the defendant's mistake is recognized, and the defendant's age, character and conduct, the criminal records, and the circumstances after the instant crime are considered, and the suspended sentence of imprisonment like the order was ordered against the defendant.

It is so decided as per Disposition for the above reasons.