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(영문) 서울서부지방법원 2020.11.26 2020고단2873
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2020, around 23:06, the Defendant was arrested from police officers E belonging to the Seoul Mapo Police Station D District Police Station, who received 112 reports that he was assaulted, as a flagrant offender committing a crime of assault, and thereby interfered with the Defendant’s head’s face and lawful performance of duties concerning the police officer’s arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damage, a statement of report 112, and each investigation report (CCTV investigation, CCTV, and video verification report on the surface of arrest);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

The circumstances that are disadvantageous: The degree of the exercise of tangible force is not weak, such as the fact that the circumstances of the crime are not good, the degree of the use of force by the damaged police officer, and the circumstances favorable to the fact that the damaged police officer does not receive any use from the damaged police officer: The fact that it is a crime under a somewhat drop in the capacity of distinguishing power, the fact that there is only a relatively long penalty power, and the fact that it is against the law.

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