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(영문) 서울북부지방법원 2020.01.22 2019고단2942
공무집행방해
Text

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

except that 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

At around 04:00 on March 7, 2019, the Defendant: (a) at the police box of the police station located in the police station located in Gangwon-gun, the Defendant was refused to inform D of the victim’s personal information of the case subject to obstruction of the duty of transfer to a slope affiliated with the above police box; (b) thereby, the Defendant: (c) informed D of the victim’s personal information of the case subject to obstruction of the duty of transfer; (d) by shouldering D’s breast part; (e) was pushed up one time on the part of his arms; and (e) was trying to collect the fire extinguishers located in the box, and (e) was sponsed one time on the bridge.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. The defendant's statement on the fifth trial date in court;

1. Each legal statement of witness E and D;

1. A mobile phone photographic photographic photograph of a closure and CCTV closure photograph;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Decision of Punishment] The obstruction of Performance of Official Duties [Type 1] Basic Field of the obstruction of Performance of Official Duties [Scope of Recommendation and Recommendation], 6 months to 1 year and 6 months [Determination of Punishment] The defendant has several criminal records and has committed violence against police officers who perform their official duties in a legitimate manner again even if there are several criminal records, and even if the defendant has been sufficiently proven with the record of evidence, it is necessary to punish the defendant strictly, considering that the defendant has consistently been unable to understand his mistake within the investigative agency rather than breaking his mistake within the investigative agency.

However, the defendant's punishment shall be determined in consideration of the fact that the defendant's act of violence in this case is not too serious, and the degree of the act of violence in this case is not serious.

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