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(영문) 서울북부지방법원 2020.01.16 2019고단2093
공무집행방해등
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 became final and conclusive.

Reasons

Criminal facts

1. On April 13, 2019, the Defendant interfered with business: (a) around 23:40, in front of the exit 338 river basin 338 water basin in Gangseo-gu Seoul, Gangnam-gu; (b) on the ground that the Defendant was a hand to get a cab operated by the victim B; (c) on the ground that the Defendant was able to get another female son due to the lapse of the Defendant, the Defendant was on board the head of the said taxi, and (d) on board the head of the said taxi, and thereby, interfered with the victim’s operation by force for about 10 minutes, such as opening the head door to prevent the victim from operating the taxi.

2. On April 14, 2019, at around 00:05, the Defendant: (a) reported at the place under Paragraph (1); (b) 112 on April 14, 2019; and (c) demanded the police officer E, a police officer belonging to the Seoul Gangseo-gu Police Station Down-gu Police Station, who called the Defendant to leave the said taxi; and (d) demanded the police officer E to take a bath that “I am the police officer, sing ice, and a public official will handle work on his/her own; (b) the police officer E’s shouldering the Defendant from the said taxi to the right shoulder of the police officer E who gets the Defendant to leave the taxi on his/her floor; and (c) the police officer E, who continuously kept the Defendant seated at the bottom of the taxi at once a drinking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Statement to E by the police;

1. 112. List of reported cases;

1. Application of the investigative report (the analysis of cell phone images taken by police officers at the same time), - criminal video CDs, - caps photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act, the choice of punishment for the crime

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

1. Suspension of execution shall be punished for the obstruction of performance of official duties or exceeding a fine under Article 62(1) of the Criminal Act;

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