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(영문) 서울남부지방법원 2019.06.12 2019고단1150
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 22:40 on March 2, 2019, the Defendant: (a) committed assault to see the CCTV installed at the pertinent main points in the Seoul Yangcheon Police Station D police box, which was sent by customers after receiving a 112 reported telephone, to see that he/she would look at the CCTV; (b) he/she also saw that he/she would see the CCTV installed at the said main points; and (c) by pointing out the door from the above E, the Defendant committed assault to see his/her left chest and left top on one hand, and to see his/her left hand on two occasions.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The punishment of obstructing the execution of duties by assaulting a police officer in uniform by the defendant is not easy, and the public authority was damaged due to the instant crime, and the fraud of the police officer is likely to have been diminished.

Although the Defendant had been punished several times for violent crimes, the Defendant repeated the crime.

The favorable circumstances: the defendant is recognized to commit a crime, and the degree of the exercise of force and the obstruction of performance of official duties seems not to be much serious.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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