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(영문) 서울북부지방법원 2019.05.17 2019고단584
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

On December 30, 2018, around 09:10 on December 30, 2018, the Defendant cut locked in the taxi without paying the taxi fee in front of the front door of the Seongbuk-gu Seoul apartment house, and the Defendant Do and the police officer assigned to the Seoul Sejong Cancer Police Station C police station, who was called to have been called to have the Defendant broken and pay the taxi fee, and the Defendant Do and the police officer called to have the Defendant paid the taxi fee.” The Defendant d and the police officer sent to the taxi officer a credit card to the taxi officer, carried the above E shoulder by hand, pushed the Defendant with his own shoulder, and thereby interfered with the legitimate execution of duties regarding the police officer’s 112 reporting by assaulting the above D’s face at three times with the hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. Report on internal investigation ( telephone conversations with victims E), report on internal investigation (person under suspicion of internal investigation);

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the Defendant uses violence while breathing the police officers dispatched after receiving 112 reports under the influence of alcohol.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant recognized the crime of this case, the fact that the police officer knew about the police officer, and the fact that the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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