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(영문) 서울남부지방법원 2019.07.23 2019고단2424
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 1. 28. 22:00경 서울 구로구에 있는 신도림역 지하차도에서 상의를 탈의한 상태로 주변 행인들에게 욕설을 하고 머리를 바닥에 찧는 행동을 하다가, 112 신고전화를 받고 출동한 서울구로경찰서 B지구대 소속 경찰관들에 의해 경찰관서인 위 지구대에 보호조치 되었다.

At around 23:18 on the same day, the Defendant 119 first responded to first aid by a 119 first responder, who complained of the difficulty in respiratory, in the Seoul Guro Police Station B zone located in Guro-gu Seoul Metropolitan City, to rescue the Defendant. As a result, the Defendant was subject to removal from D from the police officer belonging to the said earth group, he saw the face of the said D one time in drinking while taking a bath, and was brupted with a new outbreak that was reported by the head of the border E belonging to the said earth.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, protection of the lives, bodies and property of people, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. Application of the Act and subordinate statutes to the investigation report (district CCTV images investigation);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is an offense that undermines the function of the state’s legal order and requires strict punishment.

However, considering the following factors: the Defendant’s age, character and conduct, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense, the sentence as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, motive and circumstance of the offense, and the degree of violence exercised by the Defendant to police officers.

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