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(영문) 서울서부지방법원 2020.03.11 2020고단70
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 09:55 on November 6, 2019, the Defendant, at the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant: (a) committed assault on the ground that the victim D (here, 37 years of age) who was the operator of the area was at the victim D (here, the victim and the victim who was at the time of the Defendant’s child to the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the child of the victim was unable to use the child of the victim; (b) made the victim’s desire to take the child of the victim of the child of the child of the child of the victim, walking the victim’

2. The Defendant committed the assault of obstruction of performance of official duties against the Defendant, who had no identification card by F, a police officer belonging to the Seodaemun Police Station E box called up after having received 112 reports and received a report that “the Defendant is suffering from assaulting the victim” at the time and place specified in paragraph (1) of this Article, and who had no identification card by the police officer belonging to the Seodaemun Police Station E box of Seodaemun Police Station, used the Defendant to ask for his resident registration number, and the F’s f’s f’

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. A victim's photograph, police officer's photograph, motion picture photograph, and production CD;

1. Application of statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant assaultss the victim D and assaults the police officer dispatched after receiving a 112 report, thereby obstructing the execution of his/her duties.

However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., shall be determined by taking into account the following factors: the defendant has no record of the crime; and there is no record of the crime.

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