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(영문) 서울북부지방법원 2020.09.24 2020고단2529
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on June 3, 2020, the Defendant: (a) took a bath to the above D on the ground that D having the background leading up to the Seoul Seongbuk-gu Seoul Seongbuk-gu Police Station C District, did not pay the taxi fee and recommended the Defendant who is going to pay and return home without paying the taxi fee; (b) took a bath to the said D; (c) putting the said D with drinking; (d) putting him/her on drinking; and (e) booms and rush attached to the police uniform of the said D, and assaulted him/her by removing it.

As a result, the defendant interfered with the legitimate execution of duties by police officers on situation guards and crime prevention according to the request for rescue of taxi articles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against D, - teared police uniforms, worn-out chests and lue photographs, and -C district counter service;

1. Application of the Acts and subordinate statutes of 4 points in a investigative report (verification of CCTV images at the site of the incident), -CCTV image CDs and other closure photographs;

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

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

1. The crime of using violence to police officers performing official duties on the justifiable grounds of sentencing under Article 62-2 of the Criminal Act is heavier than the Defendant’s liability, and the Defendant has the power to be punished once by committing violence.

However, the extent of violence is not relatively more severe, the defendant's mistake is recognized, and the damaged police officers' request a letter to the damaged police officers to punish the defendant, considering favorable circumstances, such as the fact that the damaged police officers do not want to punish the defendant, the execution of imprisonment shall be suspended, and the order to attend the violent therapy course to prevent recidivism shall be determined by the order.

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