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(영문) 서울북부지방법원 2020.03.25 2019고단5295
공무집행방해등
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 May 30, 2019, at around 08:30, the Defendant interfered with the police officer’s legitimate performance of duties concerning the protective measures and handling of 112 reported cases, and at the same time, C (34 years of age) who was sent to the site by the patrol team of the Seoul Gangseo-gu Police Station B Police Station B patrol Team who was sent to the site after receiving a report of 112 on the protective measures against the Defendant, who was under the influence of alcohol, and was dispatched to the site after receiving a report of 112, the Defendant interfered with the police officer’s requests, protective measures and handling of 112 reported cases, and at the same time, C at the same time interfered with C’s legitimate performance of duties concerning the protective measures and handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. Application of the Acts and subordinate statutes governing the handling of medical certificates and 112 Reporting Cases;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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 crime of this case, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, is not deemed to hinder police officers from performing their official duties and at the same time having inflicted injury, and there is no record of punishment other than juvenile protective disposition, and the defendant appears to have committed a confession and reflective attitude, the circumstances of the crime, method and result of the crime, and the circumstances before and after the crime, etc. shall be determined as above.

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