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(영문) 서울동부지방법원 2020.08.12 2020고단328
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2020, at around 23:26, the Defendant reported 112 to the effect that “C” on the third floor of “C” located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (a) was asked by the police officer E, etc. affiliated with the Seoul Mine Police Station D District Unit, who was dispatched to ask him to undergo an investigation; and (b) took a bath to undergo an investigation; and (c) committed assault by the Defendant, who was requested to file a petition from the police officer F of the same district of Seoul Special Metropolitan City, on his hand, who was sent to the said district; and (d) dump f’s ebbbage.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. G and F’s each legal statement ctv video reproductioncad [In accordance with the above evidence, it is recognized that the police officer sent to the police officer upon receiving 112 a report as a matter of assault against the police officer, and the defendant and the police officer demanding the police officer who conducted the on-site investigation to bring about a compromise between the defendant and the police officer, even though the police officer F demanded the defendant to return to the true and job, the police officer’s use of violence was unlawful in the execution of official duties of the police officer, or the defendant’s act of violence corresponding thereto cannot be deemed justifiable. Even if the police officer demanded the defendant to voluntarily move to the police officer during the on-site investigation, as the defendant and his defense counsel, this constitutes a voluntary investigation pursuant to 112 Report, which constitutes legitimate execution of official duties].

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Although the crime is inferior in light of the purpose, background, method, and consequence, etc. of sentencing under Article 62-2 of the Social Service Order Criminal Act, there is no criminal record for which the defendant was punished in excess of a fine.

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