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(영문) 서울중앙지방법원 2020.10.22 2020고단4219
공무집행방해등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 02:30 on May 21, 2020, the Defendant, at the “C” station located in Gwanak-gu in Seoul Special Metropolitan City, gave the victim F, a customer, who was seated on the next table b, when hearing D and E, who is an employee of the said main shop, and made a public insult of the victim by taking the victim F, a customer, who was seated on the next table.

2. On May 21, 2020, the Defendant: (a) around 02:53, in the foregoing case, the police officer G called F’s 112 report due to the insult as above was confirmed on the spot; and (b) recommended him to return home after confirming the Defendant’s personal information; (c) in his hand, the Defendant sent the said police officer’s hand on one occasion; and (d) in his hand, “if he refuses to do so, he would have the name, and she would have the name, and she would have the body cut off by spick television; and (d) the Defendant sent a shoulder at one time by hand.” In short, the Defendant assaulted the police officer at one time by hand by taking the hand the hand of the said police officer.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers, protection of people's lives, bodies and property, prevention, suppression and investigation of crimes, arrest of flagrant offenders, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police concerning G of the interrogation of the accused;

1. Application of the Acts and subordinate statutes governing documentary evidence CDs in the F, D, and E;

1. Article 316 (1) or 311 of the Criminal Act applicable to the crimes. Article 311 (Selection of Imprisonment)

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 is against the depth of the defendant who recognized all of the crimes of this case.

This case occurred in the process that the defendant who meted in this case avoided disturbance from the main point of view, and in particular, the responsibility for the crime such as assaulting the police officer performing official duties is not easy.

However, the defendant shall consider all the circumstances revealed in the course of investigation and trial, such as taking into account the absence of past punishment power.

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