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(영문) 서울북부지방법원 2021.01.27 2020고단1002

공무집행방해등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2020, from around 07:20 to October 08:10, the Defendant: (a) at the police box located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, on the ground that D (49 years old) of the victim police officer called out after receiving a report 112 that he/she applied to the issue of taxi articles and charges, did not contain the part of the Defendant; and (b) the victim “on the part of the victim.”

What is the internal organ?

Naba et al.

As the victim could have avoided a disturbance, she was able to avoid a disturbance as she saw, and in order to restrain it, the victim she was forced to take the defendant's arms and get out of the police box to go out of the stairs by hand, and the victim was injured by the victim, who was in need of approximately 8 weeks of treatment, such as a spelke of the left-hand spelke of a spelke.

Accordingly, the defendant assaulted to interfere with the legitimate performance of duties by police officers concerning civil petition response duties, and at the same time assaulted the victim to receive injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Articles 262, 260(1), and 257(1) of the Criminal Act (the point of causing violence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence under Article 62(1) of the Criminal Act: (a) details of the crime committed on the grounds of sentencing; (b) circumstances before and after the crime; (c) the degree of injury inflicted on the victim; and (d) agreement with the victim; and (c) the victim’s wife; (d) records of the punishment of the defendant; and other circumstances revealed in the arguments, including the defendant’s age and sexual conduct, shall be determined as indicated in