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(영문) 서울중앙지방법원 2020.09.16 2020고단4313

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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2020, the Defendant received a 112 telephone report from Jongno-gu Seoul, Jongno-gu, Seoul, that “I am salute,” and was urged to return home from the D details belonging to the C District Department.

Nevertheless, at around 19:35 of the same day, the Defendant, without returning home, expressed that he would be urged to avoid the disturbance in front of the F cafeteria located in Jongno-gu Seoul, Jongno-gu, Seoul, to return home from D, and tried to walk D’s bridge on one occasion due to his appearance, and assault D’s body by hand while arresting a flagrant offender as a crime of obstruction of performance of official duties and moving into the patrol lane.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes on photographic images by attaching a criminal investigation report (12 report sheet), investigation report (related to images of the arrest process), investigation report (victimD telephone communications), 112 report processing statement (N.G.), 112 report processing statement (N.G.), damage photograph of the 112 report processing statement (N.H.), CCTV closure photograph;

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;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order, and the fact that the Defendant was sentenced to four times a fine due to violent crimes, etc. from 2018 to 2020, the Defendant’s liability for the instant crime is not easy.

However, the defendant recognizes his mistake.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive of the crime, degree of violence, circumstances after the crime, etc. and all the conditions of the punishment specified in the pleading.