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(영문) 서울서부지방법원 2021.02.16 2020고단3678
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2020, around 24:30, the Defendant assaulted C’s chest, shoulder, face part of the border of the Seoul Regional Police Agency, which was called up and confirmed the status of the Defendant, by receiving a report from 112 that the Defendant was faced with the electric-dynamic vehicle, at a railroad crossing of 40-gil-dong, Yongsan-gu, Seoul, Yongsan-gu, Seoul, about 29-ro, 29-ro, 112.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to reports on generation, on-site photographs, and each investigation report (related to 112 reported processing slips, and to records files files video analysis reports);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows, and other conditions of sentencing specified in the pleading of this case shall be determined as ordered in consideration of the following circumstances.

The extenuating circumstances: The fact that the circumstances leading up to the crime are not good, the degree of the exercise of tangible power is not less severe, and the circumstances favorable to the fact that the damaged police officer did not receive a letter from the damaged police officer: The fact that the crime is a crime under the somewhat lowered separation power, the first crime, and the second crime is against it.

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