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(영문) 서울중앙지방법원 2020.11.17 2020고단6923
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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 August 5, 2020, at around 08:46, the Defendant used a stop in front of Jung-gu Seoul, Jung-gu, Seoul, to report 112 that “no passenger can break off” at a taxi operated in front of Jung-gu, Seoul, and used the police officer belonging to the Seoul Seodaemun Police Station, a police officer assigned to the Seodaemun-gu, Seoul, which called the Defendant, assaulted the Defendant at least twice again into the right half of D’s right-hand edge by breaking it so as to be sob as to be under the influence of alcohol.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer's 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the receipt of the written statement C prepared by the police statement of D, the investigation report (work place and the attachment of physical damage photographs), the application of the Acts and subordinate statutes on black stuffs video;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The following facts are revealed: (a) the police officers sent to the scene of the 1112 report on the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution of sentence; (b) the police officers, who were sent to the scene of the 112 report, take care of their desire to commit a crime; and (c) the Defendant, who was punished by an act of violence, has the record of being punished by an act of violence: Provided, That there is no other penalty power than a single fine; (d) the motive, means and result of the instant crime; (e) the motive, means and consequence of the instant crime; (e)

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