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(영문) 서울북부지방법원 2020.12.07 2020고단2840
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 07:50 on June 3, 2020, the Defendant, who was in a state of low capacity to discern things or make decisions due to the on-site illness, was assaulted before the Korea Electric Power Corporation located in Jung-gu Seoul, Seoul, Seoul, before the Korea Electric Power Corporation. 862 on June 3, 2020, and was dispatched after receiving 112 reports and requested to make statements on the personal information and the circumstances of the case from the police officer C and patrolman D, who was dispatched.

The Defendant: (a) the Defendant: (b) the Defendant avoided the Defendant; (c) was able to drink C’s chest on one occasion; (d) the Defendant was able to take the left hand of C with hand; and (e) the Defendant used the above D’s left hand hand hand on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and criminal investigations by police officers.

Summary of Evidence

1. The defendant's statement in court D and written statement by the police about C;

1. E statements;

1. 112 reported case handling table;

1. Mental and physical disability with respect to the determination of injury photographs: Application of investigation reports (measures for compulsory hospitalization by the National Health Center of a Suspect, measures for emergency hospitalization of a mental hospital where a suspect is a flood source, and accompanying documents related to emergency hospitalization);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The offense of obstruction of performance of official duties on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 44-2 and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act requires strict punishment as an offense that impedes the exercise of legitimate public authority, thereby undermining the function of the State, and the degree of tangible power exercised by the defendant against the victimized police officers is not exceptionally

However, the fact that the defendant is a primary offender with no criminal punishment power, the fact that the defendant suffered from the defendant affects the crime of this case, and the motive, background, and crime.

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