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(영문) 서울동부지방법원 2019.03.29 2018고단3954
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On October 25, 2018, at around 20:15, the Defendant: (a) committed assault, such as assaulting, on the part of his hand, the knives of the Seoul Songpa-gu Seoul Western Police Station C police box, which was called up after receiving a report on illegal parking-related 112 in front of the Nonindicted Party B, to E; (b) when the Defendant was able to remove from the said D, the Defendant’s knives of the knives of the knives of the knives of the knives of the knives of his hand; and

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The investigation report (No. 4) (No. 4) of the defendant and his defense counsel asserts that there was no assault against D as stated in the facts constituting the crime in the judgment of the defendant. However, comprehensively taking account of each of the above evidence, the fact of assault by police officers D, who restrain himself as stated in the facts constituting the crime in the judgment of the defendant, can be sufficiently recognized. D is consistently stated in the investigation agency and this court about the situation before and after the assaulted, the form and method of the assault committed, etc., and F at the time, has consistently made a statement that supports D's above statements in this court. As F at the time of the assault, credibility is recognized in D and F's statements. Since D's statements and F's statements are partially inconsistent with each other, F's statements and tobacco are extremely inconsistent with those of the defendant and defense counsel's defense counsel's testimony and defense counsel's assertion that it is difficult to believe and specifically apply to the crime committed at the roadside. Accordingly, we cannot reject the credibility of the defendant's statements and defense counsel's assertion.

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

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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