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(영문) 서울북부지방법원 2020.02.20 2019고단4358

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 06:30 on September 26, 2019, the Defendant: (a) expressed that the police officer D belonging to the Cdistrict called “C”, who was dispatched to the site after being reported due to a dispute arising with the human parts of the neighboring construction site and parking problems; (b) expressed a desire to read “C Zone D”; (c) continuously carried the said D’s defect to make the said D to file a petition with the Defendant; and (d) assaulted the said D, who was trying to file a petition on the spot, with the said D’s body, including: (a) put it into arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (to hear and report the F phone statement of a witness);

1. Application of Acts and subordinate statutes governing field photographing videos;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, upon receiving a communication to move a vehicle set up at a nearby construction site, used violence, such as taking a bath to the police officer called out after receiving a report at the end of the vision and smuggling his body.

The crime of obstructing police officers' legitimate performance of their official duties is heavier than the responsibility of the defendant, and the defendant has been sentenced to a fine twice for violent crimes.

However, considering the fact that the defendant's mistake is recognized, the police officer's death by the victim police officer, and the police officer does not want the punishment of the defendant, the punishment shall be determined as ordered by taking into account various factors such as the age, character and conduct and environment of the defendant, motive and circumstance of the crime, and circumstances after the crime.