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(영문) 서울북부지방법원 2020.03.18 2020고단43
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on November 18, 2019, the Defendant: (a) received 112 report that “A person who scams a taxi in front of the stop site of the airport bus in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 214 (Scambing the taxi; and (b) obstructed the Defendant from the police officer affiliated with the Seoul East-gu Police Station B Police Station B, who called out, to assault the Defendant’s own seat, and assaulted the Defendant’s chest at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of D and E;

1. Application of CCTV-cape Acts and subordinate statutes;

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

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is not suitable to obstruct police officers from performing their official duties, the defendant appears to have committed a crime, the fact that damaged public officials do not want the punishment, the fact that they did not have any record of being punished exceeding the previous and fine, the circumstances of the crime, the method and result of the crime, and the circumstances before and after the crime, etc. shall be comprehensively determined as above.

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