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(영문) 서울남부지방법원 2019.07.17 2019고단2802
공무집행방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Around 23:00 on May 22, 2019, the Defendant committed assault, such as assaulting, on the part of the Defendant, at the “Cjuk store” located in Gangseo-gu Seoul Metropolitan Government, the Defendant was under the influence of alcohol to other customers, and was under disturbance, such as drinking, drinking, etc., from the head E (the age of 29) of the police box of the Seoul Gangseo-gu Police Station that was dispatched after receiving 112 a report, taking a bath to E, and taking a bath to E on the hand.

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

2. Around 00:35 on May 23, 2019, the Defendant was arrested as a flagrant offender for the foregoing crime, and was transferred to the F Office of the Seoul Gangseo-gu Police Station in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. On the same day, at around 04:48, the Defendant was investigated as a crime of obstruction of performance of official duties from the F G (the age of 27) affiliated with the Seoul Gangseo Police Station on the ground that the circumstance under investigation is misunderstanding the dissatisfaction itself, and assaulted G head on one occasion, who was a dangerous object, on the ground that the circumstance under investigation is misunderstanding.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and G;

1. Photographs of the damaged part of the crime, and photographs of the instrument used for the crime, taken;

1. Application of Acts and subordinate statutes to each investigation report (to attach a video attachment/witness statement to which a suspect carries a criminal case in which he/she takes charge of telephone conversations at He/she for reference H / He/she is a suspect / Application of the Act and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

A. The obstruction of performance of official duties is a crime of obstruction of performance of official duties.

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