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(영문) 서울서부지방법원 2020.03.11 2020고단65
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. On August 1, 2019, around 22:20 on August 1, 2019, the Defendant committed an act of disturbance against D, a police officer belonging to the Seoul Mapo Police Station C District District, who was dispatched to the site after receiving a report at Mapo-gu Seoul, Mapo-gu, Seoul, and sent arms of the above police officer one time by hand on the ground that he prevented the Defendant’s birth E.

Accordingly, the Defendant assaulted the police officer as above and obstructed the police officer's legitimate performance of official duties concerning the duty to report and handle 112 reports.

2. The Defendant: (a) demanded the police officers dispatched at the above time and at the above place to present a public official identification card; (b) the victim F, a police officer belonging to the Seoul Mapo Police Station C District District, presented a police officer identification card; and (c) the victim F, a police officer assigned to the Seoul Mapo Police Station C District, knicked him/her with his/her knife, with his/her knife and knife his/her identification card in a way that he/she sets off

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the statutes on photographs, mobile phone images, and CCTV images;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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. The reasons for sentencing under Article 62 (1) of the Criminal Act, such as assaulting a police officer dispatched by the defendant on the receipt of a report 112, obstructing the performance of his/her duties, damaging the identification card of a police officer, etc., shall not be minor;

However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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