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(영문) 서울서부지방법원 2019.08.20 2019고단1914
공무집행방해
Text

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 23:50 on May 25, 2019, the Defendant expressed a bath to the above police officers on the ground that the Defendant was not able to track the location of the Defendant’s mobile phone at the seat of Yongsan-gu Seoul, Yongsan Police Station D Zone E, and Police Officers called up after receiving a report of 112 that the Defendant lost his mobile phone while drinking and was being lost and being disturbed in the singing room, and that the Defendant was not able to track the Defendant’s cell phone, and that the Defendant was not able to track the location of the Defendant’s cell phone, the Defendant carried out three times the shoulder and the breast part of the Defendant’s breast and sing part of the police officer, respectively.

Since then, when a police boat E takes aboard the police boat, the Defendant took a bath for the police boat E, and knife the knife the knife of the police boat, and the knife E tried to move the knife to the police boat near the rear wheels of the police vehicle, the Defendant was able to get a disturbance on the floor by carrying knife the knife on the floor. The police officer assaulted the above police officers, such as having knife the shoulder part of the knife E, knife the knife of the knife E, and three times the chest part of the knife of the knife F, by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Each written statement of G, H and E;

1. 112 Reporting case handling table;

1. Investigation report (verification of CCTV images at the site), [The above evidence, in particular, according to F. E’s statement with the assent of all participating police officers, the defendant may be recognized to have obstructed the performance of official duties by assaulting police officers, such as the statement of facts constituting a crime.] legal application of the above evidence

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria (determination of type) shall apply to the obstruction of performance of official duties.

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