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(영문) 서울중앙지방법원 2020.10.27 2020고단4421
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

1. Around 00:20 on April 14, 2020, the Defendant tried to board a taxi operated by the victim D on the front side of Jongno-gu Seoul Metropolitan Government Jongno-gu B and C bank, but, “A taxi to be driven by the victim is E, so it is impossible to board unless he/she goes out of the Republic of Korea unless he/she goes out of the Republic of Korea because he/she is the E,” by hearing the horses from the victim, and assaulted the part of the victim while going out of a dispute with the victim.

2. On April 14, 2020, at around 00:30 on April 14, 2020, the Defendant engaged in obstruction of performance of official duties: (a) arrested a flagrant offender, such as assault, etc., by the police officer of the Seoul-ro Police Station, who was dispatched after receiving a 112 telephone report, and solicited the Defendant to board the patrol vehicle by committing a crime of violence, etc.; and (b) assaulted the above H’s body by hand to check the Defendant’s patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to arrest a flagrant offender, damage photographs, CCTV image-faging photographs, box image-faging photographs and investigation reports (Attachment of a photograph of a taxi back-fag) to each police protocol of D and H;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fact that there are many kinds of crimes, such as assaulting a taxi engineer without any particular reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and committing assaulting a police officer called to 112 report, etc., which have been punished for violent crimes: Provided, That there are many kinds of records that the defendant was punished for committing violent crimes; however, the fact that the defendant's mistake is recognized later and reflects it; the motive, means and result of the instant crime; the circumstances after the crime; the defendant's age, character and behavior;

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