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(영문) 서울북부지방법원 2019.08.23 2019고단2121
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

피고인은 2019. 5. 17. 03:20경 서울 강북구 B에 있는 ‘C’ 음식점 앞길에서, ‘손님이 소리 지르고 깽판치고 사람을 때리려고 한다’는 112신고를 받고 그곳에 출동한 서울강북경찰서 D파출소 소속 경찰관인 E가 욕설을 하고 소리를 치며 F에게 때릴 듯이 다가가는 피고인을 제지하자, 손으로 위 E의 팔을 꺾고 양손으로 그의 가슴을 밀쳤다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and suppression of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

1. Under the circumstances favorable to the defendant, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the reason for sentencing the choice of imprisonment, and Article 136(1) of the Criminal Act, the fact that the defendant recognized the crime of this case, and the reason for sentencing the sentence of imprisonment, the other party to the obstruction of performing official duties, who was subject to the defendant's death and wanted to take the preference against the defendant. The crime of this case was committed by assaulting a police officer on the ground that the defendant was somewhat under the influence of alcohol, and it is not good in light of the circumstances and means of the crime, and the defendant committed the crime of this case, even if he had had had the past record of punishment for the same kind of crime, is committed again against the defendant, the punishment as the order shall be determined by comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, motive

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