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(영문) 서울서부지방법원 2020.04.08 2020고단59
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On October 13, 2019, at the lottery room located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 17:30 on October 13, 2019, the Defendant: (a) 112 reported that “any female frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting f

계속하여 피고인은 경사 D으로부터 귀가를 권유받자 휴대전화를 들고 있던 손을 휘둘러 경사 D의 목 부위를 때리고 발로 그의 정강이를 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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

1. Although it is not good that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant assaults a police officer dispatched after receiving 112 reports and obstructs his/her execution of duties, the punishment as ordered shall be determined by taking full account of the following factors: (a) the defendant's time of committing a crime; (b) the police officer D does not want the punishment of the defendant; (c) the police officer D does not have any criminal records exceeding the fine; and (d) the defendant's age, character and conduct, environment, motive, means and consequence of a crime; and (

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