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(영문) 서울북부지방법원 2021.01.20 2020고단4072
공무집행방해
Text

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

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

Reasons

Punishment of the crime

The defendant around 06:00 on July 29, 2020, around 06:0, at the front of the exit of 5-1 water station in Gangnam-gu, Seoul, Seobuk-gu, Seoul, the 5-1 water station.

“A police officer of the Seoul Gangnam-gu Police Station B police station, who was called up upon 112 report, she saw him/her to sleep and her to invalid, and she laid a son and her son away from the floor of the locked, and moved him/her to a left hand, and then she saw him/ her to “shots and pets”, and assaulted the above her mother and her mother to the left chest of the above C, so far as it is difficult for him/her to walk up.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to Badi Camps and patrol booms video and investigation reports (badic analysis in the field of Badi Camp);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, committed the instant crime even though he had been punished several times due to the same kind of crime.

Considering the fact that the defendant's mistake is recognized and against himself/herself, contingency crimes are not malicious crimes under the influence of alcohol, etc., the circumstances favorable to the defendant shall be considered, and the punishment shall be determined as ordered by taking into account all the conditions of various sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, occupation, occupation, family relationship, motive and means of the crime, and circumstances after the crime.

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