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(영문) 서울서부지방법원 2021.01.14 2020고단3541
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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

around 06:00 on August 12, 2020, the Defendant reported at “C Hospital” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and received 112 reports to the effect that “the person in charge of drinking alcohol spawns a disturbance,” and requested the head of the police box affiliated with the police box of the Seoul Yongsan-gu Police Station D, Yongsan-gu, Seoul, to leave the nose or 19 suspected patients inside the emergency room, and carried the above part of the item of E as the Defendant’s hand at one time, and pushed the chest.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the life, body and property of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (to reproduceCCTV images and hear statements by damaged police officers);

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.

Unfavorable circumstances: The fact that the circumstances leading up to the crime are not good, the circumstances favorable to the fact that there is the same kind of punishment: The fact that the separation of punishment has been somewhat deteriorated, the fact that the damaged police officer's wife is the first place, and the past history is a relatively long punishment history, and it is against the fact that the previous punishment history is a relatively old punishment history.

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