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(영문) 서울중앙지방법원 2020.12.03 2020고단6601
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

On August 19, 2020: (a) around 10:27, the Defendant: (b) 112, before the Gwanak-gu Seoul Special Metropolitan City B apartment C head, “ young young people fright to drink and fright; (c) was requested to present an identification card by the head of the E police station affiliated with the Seoul Gwanak-gu Police Station D District Police Station D District; (d) was fright once as his hand to return the Defendant’s identification card and fright; and (d) was fright to listen to the reporter’s statement at the above B apartment parking lot at around 10:35 on the same day, the Defendant assaulted the part of the f police officer’s clothes belonging to the same b apartment zone, who controlled the 1112 reporter’s statement by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E and F;

1. Application of documentary evidence CD-related statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is not sufficient to commit violence against police officers who were requested by police officers to produce identification cards from a person who was called out by him/her in the vicinity of his/her residence.

However, the defendant has no record of being punished for the same crime, and the whole time of the crime and reflects it shall be taken into account in somewhat favorable circumstances, and the defendant's age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime shall be determined by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character

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