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(영문) 서울북부지방법원 2019.11.29 2019고단3985
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 17, 2019, at around 01:55, the Defendant: (a) reported 112 on the road in Jung-gu Seoul, Jung-gu, Seoul; and (b) carried out the Defendant’s left arms on one hand on the ground that the victim E and F continuedly demanded a drinking test on the ground that the circumstances belonging to the Seoul Jung-gu Police Station D, the Defendant called “a woman who driven without any bridge, driven the Defendant.” (c) carried out the Defendant’s left arms on one hand on one hand, and carried out the Defendant’s hand on two tights of the victim F’s shoulder in one hand and carried out the Defendant’s left arms on one hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported duties and traffic control, and at the same time, the Defendant inflicted an injury on the days of treatment, such as flaging a flag and flag flag to the victims, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. Certificates of medical treatment;

1. A report on investigation, accompanied by a photograph of the police officer assigned to police station, and a photograph damaged by the police officer;

1. Application of the Act and subordinate statutes to investigative reports (Attachment of On-the-spot moving images) and to caps (the evidence reveals that the Defendant saw the Defendant’s arms to hack, thereby causing damage to flaped police officers’ flap and thereby causing damage to flap, ging, string, and strings, which can easily be identified into the body, and the above hacks are deemed to have exceeded the level of the body ordinarily likely to occur during their daily lives.).

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The punishment for the crime of assaulting the police officers in mobilization to commit an injury when refusing to measure the breath of the reason for sentencing under Article 62 (1) of the Criminal Act shall not be that of the suspension of execution;

However, there is no record of punishment for the same kind of crime, and each of the facts of this case is recognized.

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