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(영문) 서울북부지방법원 2019.09.26 2019고단1438
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On April 3, 2018, the Defendant reported to 112 by assaulting a taxi driver without paying a taxi fee on the front of the C Licensed Real Estate Agent’s Road located in Jung-gu Seoul Metropolitan Government on April 00, 2018. After receiving the report, the Defendant sent the notification to the Seoul Jung-gu Police Station Down-gu, Seoul and sent the notification that “it is possible for E to be exempted from the office located in the place where he was located,” and the Defendant was accompanied by the police officers called to the above E and the police officers called to the Defendant to the front of the F Building G in Jung-gu, Seoul.

On April 3, 2018, at around 00:05, the Defendant expressed, from the front corridor of the above Defendant’s house, that “I am Mad, Mad, Mad, Mad, Mad,” the Defendant expressed, “I am Mad,” and that “I am Mad, I am me not obe.”, the Defendant saw the above E as drinking one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the police statement law to H

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

1. The punishment shall be determined as ordered by taking into account the favorable reasons such as the defendant's act of assaulting a police officer who performs legitimate official duties for the reason of sentencing under Article 62 (1) of the Criminal Act, and there are some circumstances to consider the background of the crime, the fact that the defendant has no record of punishment exceeding the same kind of power or fine, the fact that the defendant has committed a mistake, the fact that the damaged police officer has attempted to find the police officer, and the age, character and conduct and environment of the defendant, the motive of the crime, and the circumstances after the crime, etc.

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