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(영문) 서울북부지방법원 2020.03.26 2019고단4308
공무집행방해등
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

Criminal facts

[2019 Highest 4308] around 22:40 on October 27, 2019, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case, by cutting down the Defendant, who was called up at the border of the Seoul Gangseo-gu Seoul Northern Police Station B Zone B, who was called up after receiving 112 a report by avoiding disturbance from the train, thereby leaving the train.

[200 order 53] On November 28, 2019, the Defendant: (a) on the front side of Dongdaemun-gu Seoul Metropolitan Government D, the Defendant was aboard a F taxi operated by the victim E (the age of 67) as a customer; (b) continued to take a bath, and received a demand from the victim to get out of the taxi; (c) while getting off the taxi, the Defendant she flicked with the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2019

Summary of Evidence

[2019 Highest 4308]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Domestic history reports (verification of facopic images), - visual CDs, - course photographs;

1. A damaged photograph (2020 order53);

1. Defendant's legal statement;

1. E statements;

1. A report on investigation (CCTV image confirmation report);

1. On-site CCTV CDs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. According to the reasoning for sentencing under Article 62-2 of the Criminal Act, the Defendant: (a) committed violence against a police officer who prevents the disturbance from subway; and (b) went away from the scene as it is, during the process of leaving the scene, the Defendant used violence against the police officer (2019No4308); and (c) took a taxi aboard the taxi and take a bath to the taxi engineer; and (d) the vehicle door is even in the next process.

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