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(영문) 서울북부지방법원 2020.10.08 2020고단2235

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Around 06:30 on May 7, 2020, the Defendant was under the influence of alcohol in a taxi parked on the front road located in Seoul Special Metropolitan City, Nowon-gu, a police officer D belonging to the Seoul Labor Relations Commission, who was called up after receiving a 112 report that the taxi does not cause a taxi passenger, is dissatisfied with the issuance of a penalty notice due to a violation of the Punishment of Minor Offenses Act. The Defendant took a bath to the said D, took a notice of penalty on his face, took a notice of penalty, and attempted to take the taxi on drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of the statutes governing the penalty notice;

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 suspended execution (it does not focus on the degree of violence, and appears to be a contingent crime under detention, there exists no record of punishment for the same kind of crime and violence, and reflects errors, etc.);