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(영문) 서울남부지방법원 2020.11.06 2020고단3558

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 June 20, 2020, at around 11:15, the Defendant received 112 report from Geumcheon-gu Seoul, Geumcheon-gu, Seoul, that “the drinking person can enjoy dangerous risks to the parking lot,” and used a slope D, a police official belonging to the Seoul Geumcheon Police Station C District, who was dispatched to the site, for the purpose of drinking the Defendant, cut off the window of the driver’s seat of a test-style car that was parked next to the site while taking a bath, and cut off the window of the test-style car that was parked next to the site. The Defendant used a slope D’s chest to stop it one time as drinking, and used a sloping D’s hair to walk at once under the influence of the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs by field photographs, photographs of damaged police officers, etc., and by capturing 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 sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence prevents a police officer from performing his/her duties by taking a bath against a police officer who wears a uniform called out after receiving a report of 112.

The crime of obstruction of performance of official duties needs to be punished in order to establish national legal order.

However, the sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined by considering the following factors.