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(영문) 서울북부지방법원 2020.02.04 2019고단2623
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on April 15, 2019, the Defendant, upon receiving a report from the Gangnam-gu Seoul, Gangnam-gu B, Seoul, that “ young people are drunk, faceed, and taken a large face,” and assaulted by the Defendant, such as the Defendant, who was solicited by the police box affiliated with the Seoul Gangseo-gu Police Station C commander of the Seoul Gangseo-gu Police Station to return home from D and, without any justifiable reason, he was able to take the chest and face once.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of investigation reports (to read a video image screen of a bar camp), police officers in mobilization to the Act and subordinate statutes governing CDs;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, were determined by comprehensively taking account of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (b) the circumstances after the crime.

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