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(영문) 서울북부지방법원 2019.05.02 2019고단927

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 22, 2018, the Defendant: (a) around 00:45, on the street in front of the B Apartmentdong, Seoul Special Metropolitan City, Nowon-gu, “A Handphone was installed in a taxi”; and (b) upon receiving the Defendant’s report on 112, the Defendant: (c) threatened E, a police officer belonging to the D Zone D Zone of the Seoul Nowon Police Station, called the Seoul Nowon-gu Police Station, with a view to drinking; (d) interfered with the body on several occasions; (e) threatened the above apartment Cdong 15 to sit up on the windows of the said apartment; and (e) forced the patrol vehicle to drink.

Accordingly, the defendant assaulted and threatened police officers to interfere with legitimate execution of duties such as handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of investigation reports (verification of images taken by a police officer at the site), visual closure photographs, and video CD-related Acts and subordinate statutes;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act appears to have committed the crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act, but it seems that the defendant committed the crime of this case with the attitude of disregarding his legitimate exercise of public authority. In order to establish legal order, it is necessary to strictly punish the above crime, and

On the other hand, the fact that the defendant is against the defendant and has no criminal record of suspended execution or more is favorable to the defendant.

Each of the above circumstances shall be sentenced to the same sentence as the disposition in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, character and conduct, occupation and environment, and the background of the crime in this case.