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(영문) 서울북부지방법원 2020.03.12 2020고단214
공무집행방해
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

Punishment of the crime

1. Around 00:10 on December 1, 2019, the Defendant: (a) committed assault against the police officer B, on the front road of Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) reported 112 that “A police officer who was her her son was her her son, without any justifiable reason; and (c) attempted to leave the scene during the investigation of the facts suspected of assault by the police officer B, who was dispatched to the Seoul Gangseo-gu Police Station D police station D, who was in charge of the police officer, attempted to leave the scene; and (d) assault B’s her chest part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

2. At around 01:30 on December 1, 2019, the Defendant committed assault against police officers E, on the ground that the police officers, who were arrested and investigated flagrant offenders for the same reason as Paragraph 1, at the Seoul Gangseo-gu Seoul Northern Police Station office, and the police officers belonging to the Gangnam Police Station, who were working in the Republic of Korea, arrested flagrant offenders for the same reason as Paragraph 1, of this Article, “I sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn't sn'

Accordingly, the defendant interfered with the police officer's 112-report handling duties and legitimate performance of duties in a lawsuit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of investigation reports (to be accompanied byCCTV images), CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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. The reason for sentencing in Article 62-2 of the Social Service Order Criminal Act (the order of community service order to prevent recidivism of the accused and give the accused an opportunity to reflect with a strong opportunity) prevents the performance of duties of the police officer called out after receiving a report without any reason, and is under investigation by the police station.

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