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(영문) 서울북부지방법원 2020.05.21 2020고단701

공무집행방해

Text

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

except that 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

Around 05:00 on February 1, 2020, the Defendant issued a foreign registration certificate on the front side of the 'B hotel' in Gangnam-gu Seoul Metropolitan Government on the front side of the 112-round 05:00, at the request of a police officer affiliated with the Seoul Gangseo-gu Police Station C District D to present an identification card to a police officer affiliated with the Seoul Gangseo-gu Police Station C District, which called "no foreigner may occur in the taxi", and subsequently, when D confirms the right side part of D with the hand floor in the process of confirming it, the Defendant d was hicked with the defect hand in which D intends to go away from the floor, and assaultd D's upper part of the right side part of D, which prevents him from going beyond the e while continuing sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the fact that there is a record of punishment for the defendant for the same or different crimes, and the defendant's past criminal records or the form of the defendant at the time of the instant case that the possibility of recidivism is expected to be high is unfavorable.

On the other hand, the fact that the defendant is against the law is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, character, conduct, occupation and environment, and circumstances after the crime.