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(영문) 서울서부지방법원 2019.08.29 2019고단2171
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 00:50 on June 22, 2019, the Defendant: (a) committed an act of obstruction of performance of official duties on the grounds that C, the police officer of Seodaemun Police Station B police box called Seodaemun-gu, Seoul, 112 reported that “A person under the influence of alcohol is used; and (b) C, the police officer of Seodaemun Police Station B police box called up upon receipt of 112, carried the Defendant; and (c) took a disposition of notification as prescribed by the Punishment of Minor Offenses Act, imposed a police officer of the Seodaemun Police Station B police box called up, who was a police officer of the Seodaemun Police Station B police box called up on the ground that C took a notice as to his/her on his/her old urology, she took the bath of “

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and maintenance of order.

2. On June 22, 2019, at around 01:25, the Defendant damaged public documents, at the police box located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and at around 01:25, the Defendant requested the police officer C to sign and seal a written confirmation of the suspect’s body under arrest or detention while arrested a flagrant offender with the content stated in paragraph (1) and being investigated. The Defendant teared the suspect’s physical confirmation of the arrested or detained suspect.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs related to the performance of official duties, damaged documents on the body of the suspect detained with arrest or detention, place of work, notification, closure photographs on the scene of the crime, investigation reports (No. 3 of the evidence list), each investigation report (the place of work and the confirmation of the log of 112 reported cases, the identification of screen pictures of police officers, and the confirmation of the body certificate of the suspect detained with arrest

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the performance of official duties by selecting a sentence: Article 136 (1) of the Criminal Act as to damage to public documents: Article 141 (1) of the Criminal Act;

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 order is issued in consideration of the following circumstances after the reason for sentencing under Article 62-2 of the Social Service Order Act and other various sentencing conditions shown in the instant pleadings.

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