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(영문) 서울북부지방법원 2020.10.30 2020고단3684
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 23, 2020, at around 04:30 on August 23, 2020, the Defendant was instructed to return home from E to the police box of the Seoul Heavy Police Station D, who was called up after receiving a report of 112.

Without any particular reason, the Defendant, who was dissatisfied with the foregoing E, acted as if he were to drink, and prevented the police officer from passing the patrol, and attempted to enter the same as “B,” which means “B,” which means “I, I, and I, without carrying the same, died.” The Defendant visited the above E while speaking as “I,” and assaulted the E, which means “I,” and was tightly pushed into the body.

Accordingly, the defendant assaulted the above police officer and interfered with legitimate execution of duties concerning the 112 mobilization service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, G and H;

1. To apply investigation reports (verification of a DNA campaign data by a police officer visiting the police station) (applicable to statutes;

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 reason for sentencing under Article 62-2 of the Social Service Order Act is 112 reported and used to commit a crime that assaults a police officer dispatched, and the fact that there is no record of two times punishment for the same crime is disadvantageous.

On the other hand, the fact that the degree of violence is not serious, that is contrary to the recognition of the crime, and that there is a spouse to look at the defendant as a mental disorder, etc. are favorable circumstances.

In these circumstances, the defendant's age, character and conduct, motive, means and consequence of the crime, and the conditions of all kinds of sentencing, including circumstances after the crime, shall be determined as ordered by community service.

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