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(영문) 서울동부지방법원 2019.05.29 2019고단962

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

1. On February 25, 2019, the Defendant: (a) received 112 report in front of the Songpa-gu Seoul building B, Songpa-gu Seoul; and (b) sent to the site by the police officers assigned to the Seoul Songpa-gu Police Station C Zone C, who caused the occurrence of the Defendant’s climbing of the police officers assigned to the site, resulting in the said D’s climbation of the Defendant; and (b) expressed the said D’s clime to the outside of the building; and (c) assaulted the said D’s clime with flabing the Defendant’s climb and flabing the Defendant’s upper part of the left face.

2. On February 25, 2019, the Defendant: (a) was arrested as a flagrant offender committing an obstruction of performance of official duties at the time and place specified in the foregoing paragraph (1); and (b) committed assault by shouldering the part of the right hand hand hand hand hand hand hand hand hand hand hand hand hand hand hands of the instant paragraph (1) in Songpa-gu Seoul, Songpa-gu, Seoul, and continuously avoided disturbance.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: (a) there is a need to strictly punish a crime of obstruction of performance of official duties in order to establish the State’s legal order and eradicate the light of public authority; and (b) a favorable circumstance that the degree of assault against the police officer of this case is not easy: (c) the Defendant was a primary offender who has no record of punishment; and (d) the sentencing conditions specified in the trial process of this case, including the above circumstances and the circumstances after the commission of the crime