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Reasons
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(영문) 서울북부지방법원 2020.01.16 2019고단4078
공무집행방해
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

At around 04:20 on August 3, 2019, the Defendant: (a) sent a report to the Seoul Special Metropolitan City, Nowon-gu, on the effect that “A man is unable to enjoy alcohol;” and (b) obstructed the Defendant, who was a police officer belonging to the Seoul Nowon-gu Police Station D Zone D District, and called “I ambling, I ambling, I ambling,” and assaulted the parts of the above E, “I ambling, I ambling, I ambling, I ambling.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Scamp image verification);

1. Application of investigation reports (to the police officer’s submission of the out-to-door campaign image), caps photographs, and video CD-related Acts and subordinate statutes;

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

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

1. The Defendant exercised violence against police officers on duty execution due to the reason of sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend a lecture or order to attend a community service order.

Even in the situation where police officers are called out, they have committed violence without chest, and have been punished several times due to violent crimes in the past.

However, the execution of punishment shall be suspended in consideration of the fact that the degree of violence is not severe and that it is erroneous, but the probation, taking lectures in violent therapy and community service shall be imposed to prevent recidivism, and the punishment shall be determined in the same manner as the order is issued.

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