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(영문) 서울북부지방법원 2019.09.20 2019고단2196
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 21:40 on May 20, 2019, the Defendant: (a) stated that “C” in front of a restaurant in Seongbuk-gu Seoul Metropolitan Government, “A fighting was conducted in a restaurant; (b) was asked by E from the circumstances surrounding the seat of the D District Unit of the Seoul C District Police Station, which was dispatched after being reported 112; and (c) expressed to the above E that “the width of the bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bom bomed by hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Application of Acts and subordinate statutes to police investigation report (Attachment of suspect interrogation protocol of the case concerned) to the defendant's legal statement E, and copy of attached F of the protocol of suspect interrogation of the defendant;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are favorable to the defendant that recognized the defendant as substitute for the crime of this case and reflects mistake. The crime of this case is committed by assaulting a police officer called out after 112 report on the ground that the defendant was somewhat under the influence of a certain amount of alcohol, and thus obstructing the performance of official duties by assaulting the police officer called out after 112 report, and thus, the crime is not good in light of the circumstances and means of the crime. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the sentencing conditions in the process of the trial, including the circumstances before and after the crime, etc.

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