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(영문) 서울중앙지방법원 2020.04.09 2019고단6850

공무집행방해등

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. Around 07:05 on September 28, 2019, the Defendant assaulted the victim by stating that the Defendant’s daily behaviors of the Defendant and the daily behaviors of the victim D(20 years of age) in front of the main point of “C” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, were at the same time disputing the victim’s desire from the victim, taking the victim’s head knife by hand, taking the victim’s head knife by hand, and taking the knife by hand.

2. At around 07:20 on September 28, 2019, the Defendant of the obstruction of performance of official duties: (a) on the street in front of the main text of the “C” as described in the preceding paragraph, and (b) on the street, the Defendant, upon receiving the 112 report, she was removed from F in the circumstances belonging to the Seoul Gwanak Police Station E-gu, Seoul, which was called out, and F in turn, from G, who was called out after receiving the 112 report; (c) and (d) Habbbbbbbbbs of F in turn two times, and flap of both arms of the Gyeong G in turn.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning G and F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. The crime related to the obstruction of performance of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime for establishing national legal order and eradicating the light of public authority.

However, the circumstances favorable to the defendant, such as the confession of the crime of this case and the separation of his mistake, and the age, character and conduct, the environment of the defendant, as well as the motive, circumstances, and means leading to the crime of this case.