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(영문) 서울북부지방법원 2019.09.25 2019고단2664
공무집행방해
Text

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

However, 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 June 15, 2019, at around 02:15, the Defendant, at the main point of “C” located on the second floor of Seoul Jung-gu Seoul, and at the same time, after receiving a report 112 that “Interference with business at a shop,” sent out, the Defendant used the Defendant’s hand to display the arms to the said E to return home to the Defendant, and used the Defendant’s hand to keep the said E in order for the said E to be genuine.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement of F and G;

1. Investigation report (to make a telephone statement of J)

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] / The basic area of the obstruction of performance of official duties (in June to one year and six months) / [decision of sentence] The defendant has been in conflict with several times of violence, but the defendant exercises violence against police officers who perform legitimate official duties without any particular reason. This is because of the expression of hostile intent for the public authority, and thus requires strict punishment against the defendant.

However, the punishment of the defendant shall be determined by taking into account the fact that the defendant is pened and the defendant seems to have committed the crime of this case in contingency under the influence of alcohol, and an order to attend a lecture shall be imposed concurrently considering the fact that the defendant's act seems to be under the influence of alcohol.

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