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(영문) 서울북부지방법원 2020.01.31 2019고단4090
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 08:50 on August 10, 2019, the Defendant assaulted the police officer’s body two times, including, but not limited to, taking advantage of the police officer’s body of the above police officer, and assaulted the police officer’s body two times on his hand, following the Defendant’s desire to “the loss of wall” on the front line of the C main station located in Gangnam-gu Seoul, Seoul, as the Defendant’s 112 Report, from the police officer affiliated with the D police box of the Seoul, Gangnam-gu, Seoul, which was called as the 112 Report, and obstructed the police officer’s legitimate execution of his duties by assaulting the police officer’s body on a hand, such as smuggling, spawn, spawn, spawn, spawn, etc., and spawn.”

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a report on investigation (CCTV verification), a photograph of cutting off the scene of a crime from CCTV images, and a report on investigation (report on the analysis of CCTV images at the site);

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 offense of obstructing the performance of official duties by assaulting a police officer dispatched after receiving 112 report on the reason of sentencing under Article 62-2 of the Criminal Act, and the quality of such offense is not weak;

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, means and methods of committing the crime, and circumstances after committing the crime, can be determined as ordered by considering the following factors.

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