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(영문) 서울북부지방법원 2020.05.08 2020고단189
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On December 13, 2019, the Defendant: (a) around 23:40 on December 13, 2019, in front of the No. 69-1 Nowon-gu, Seoul Special Metropolitan City Nowon-gu, expressed a desire to take care of the police officer, who was a police officer belonging to the Seoul Nowon Police Station B District, who was dispatched after being reported 112 while assaulting another person; and (b) took care of the face of the police officer, and obstructed the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

2. On December 13, 2019, at around 23:45, the Defendant damaged public goods and was arrested as a flagrant offender, such as assault, etc., and was in parallel with the patrol lane, the Defendant damaged the goods used by public offices by walking the patrol vehicle’s back seat even, etc. several times to walk the repair cost of 349,580 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, D, E, and F;

1. Written estimate and photograph (the defendant was in a state of mental disability as he was in a state of detention at the time of the crime in this case). However, according to each of the above evidence, the defendant is deemed to have been under the influence of alcohol at the time of the crime in this case, but it cannot be deemed that the defendant was in a state of lacking the ability to discern things or make decisions. Thus, the above assertion cannot be accepted)

1. Relevant Article 136 (1) and Article 141 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is to obstruct the performance of official duties by assaulting a police officer dispatched after being notified of the reason for sentencing, and to impair public goods, and the quality of such crime is not less than that of the defendant, and the defendant has a number of same criminal records.

However, the defendant recognized the crime of this case and appears to reflect it, and the patrol car repair cost.

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