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(영문) 서울동부지방법원 2019.10.29 2019고단2886
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

Criminal facts

On September 12, 2019, at around 19:10 on September 12, 2019, the Defendant reported 112 on the front of the 'C' packing end in Songpa-gu Seoul, “A male who interfered with the spacting and operation of a spacting type” and used the Defendant’s desire to request the police officer E, etc. to return home from the police station box affiliated with the Seoul Songpa-gu Police Station D, and assaulted that the police officer E twice the above spactic class.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (a statement of the situation of mobilization to E at the police of the victim), and a criminal investigation report (a counter investigation of the shootings);

1. Application of Acts and subordinate statutes to pictures of mountaine;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the “disforcing circumstances”) prevents the execution of legitimate duties by assaulting the victimized police officers performing their duties.

In addition, the defendant repeated the crime of obstruction of performance of official duties even though he was sentenced to criminal punishment of a fine.

However, considering the fact that the defendant recognized the crime of this case and used the crime of this case, the degree of violence was not much serious, and there was no record of criminal punishment exceeding the fine during that period, other factors such as the defendant's age, character and conduct, motive and circumstance of the crime, the means and consequence of the crime of this case, and the circumstances after the crime of this case, etc., the punishment as ordered shall be determined by comprehensively taking into account the various factors of sentencing specified in the records and arguments

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