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(영문) 서울동부지방법원 2019.11.22 2019고단3190
공무집행방해
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 17, 2019, at around 04:55, the Defendant, on the side side of Seongdong-gu Seoul building B, and on the ground that the police delayed arrival even though 112 reports were made, the Defendant saw that he was fluored by the said report, and fluordly fluorddly fluent D with “Ne fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor at the police station.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes to a criminal report (work place and a case accompanied by a list of 112 reported cases), investigation report (badicam reproduction and analysis and investigation of facam images);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the “disforcing circumstances”) prevents the execution of legitimate duties by assaulting the victimized police officers performing their duties.

In addition, even though the defendant had a record of criminal punishment several times due to violent crimes, he/she repeated the crime.

However, considering the fact that the defendant recognized the crime of this case and used the crime of this case, the degree of violence is not much serious, etc., the defendant's age, character and conduct, motive and circumstance of the crime, means and consequence of the crime of this case, and various sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime of this case, shall be determined as ordered.

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