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(영문) 서울북부지방법원 2020.12.09 2020고단3978
공무집행방해등
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

1. On August 8, 2020, the Defendant: (a) around 03:45, on the front side of “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) on the front side of “C”, the Defendant requested police officers, such as the police officer E, etc., of the police box affiliated with the Seoul Southern Northern Police Station D commander, who called upon receiving the 112 report, to provide personal information in order to prevent the Defendant and notify him; and (b) assaulted E’s son proced part and the chest part as his head.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the handling of 112 reports by police officers, suppression and investigation of crimes, etc.

2. On August 8, 2020, the Defendant damaged public goods by reason that at the criminal department and office of the Seoul Gangseo-gu Seoul Southern Police Station located in 406, Gangnam-gu, Seoul, Gangnam-gu, Seoul, the Defendant did not have a flagrant offender arrested and taken custody as a flagrant offender in relation to the crime described in the above paragraph 1., thereby damaging a brupt which was installed in the pole at the same time on the ground that the Defendant did not have a brupt back, which was an unreshed repair cost at the market.

Accordingly, the defendant damaged the articles used by the police station, which is a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the 112 Reporting Report List, investigation report (verification and attachment of documentary evidence by police officers accompanying the 112 Reporting Report), CDs of documentary evidence pictures, photographs showing damaged articles, investigation reports (Listening to witness’s statement of injury to public goods by a suspect of the other party to theF Team G slope G) and statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, 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. The suspended sentence of Article 62(1) of the Criminal Act is against the recognition of a mistake by the reason of the sentencing, and is the main reason for the crime of this case. The drinking is the main reason for the crime of this case, and it exceeds the fine.

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