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(영문) 서울중앙지방법원 2020.04.21 2019고단7787
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around July 9, 2019: (a) around 05:25, the Defendant: (b) left the taxi in front of the Yongsan-gu Seoul Metropolitan Government building B on the road in front of the victim C (ma and 65 years of age) and did not pay the taxi fee; (c) the Defendant used the victim to request the payment of the taxi fee on one occasion; (d) the victim’s left face at one time; and (e) assaulted the victim’s bridge and the part of the sloping part on several occasions.

2. 공무집행방해 피고인은 전항의 일시, 장소에서 위와 같이 택시 기사를 폭행한 후 택시 기사의 112 신고를 받고 출동한 서울용산경찰서 D파출소 소속 경장 E으로부터 신분증 제시를 요구받자 경장 E의 어깨를 툭툭 치며 "가져가 병신새끼야"라고 욕설을 하며 신분증을 집어 던지고, 경장 E이 피고인을 위 C에 대한 폭행 현행범인으로 체포하려 하자, 발로 경장 E의 사타구니, 복부, 다리 부분을 수 회 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. A damaged photograph;

1. Application of the Act and subordinate statutes to report an investigation (the confirmation of a victim's motion picture);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and the point of assault (Article 260 (1) of the Criminal Act and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant appears to have led to a confession of all crimes and seriously against it; and the assault committed against police officers and taxi engineers seems to be relatively insignificant: This case is a crime committed by assaulting a taxi engineer demanding the payment of charges under the influence of alcohol and a police officer who was on lawful duty while performing his/her duties.

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