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(영문) 서울북부지방법원 2020.02.07 2019고단2157
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On March 20, 2019, at around 22:45, the Defendant assaulted the victim’s face on the front side of “C” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, on the ground that the victim D(22 years of age) resisted the Defendant that he was “dissatisfying,” and that he was “humbing,” and that he did so.

The indictment also contains the fact that the defendant assaulted "to receive the victim's face", but there is insufficient evidence to support this part of the indictment.

However, as the remainder of the facts charged does not impede the recognition of the Defendant’s crime of assault against the victim D, so criminal facts are modified ex officio to the extent that it does not hinder the Defendant’s exercise of his/her right to defense.

2. The Defendant engaged in the obstruction of performance of official duties, at the time and place specified in Paragraph (1) above, and at the time and place specified in Paragraph (1) above, recommended the Defendant to go up to India for the safety of the safety of the Defendant while F, who was called up after having received D’s 112 report, and was f, by hand, bucking up the F’s chest, plucking up the Defendant’s hand, and buck up the F’s chest by hand, and assaulting it again by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement concerning F;

1. Application of the Act and subordinate statutes on CCTV storage photographs and CCTV storage by reporting an investigation (as to theCCTV investigation) and capturings attached to such Act and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant recognizes it as a substitute for each of the crimes of this case.

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