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(영문) 서울남부지방법원 2020.11.12 2020고단5021

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

At around 01:20 on September 19, 2020, the Defendant received 112 report from Guro-gu Seoul Metropolitan Government B Apartment and C, the Defendant’s house of the Defendant, on the following occasions: (a) a person who was requested from the slope E belonging to the D District Unit of the Guro-gu Seoul Police Station, Seoul, to take a drinking test; (b) a person who was demanded to take a drinking test and drinking; (c) a police officer to take a bath to the above E; (d) a police officer’s f's f's f's f's f's f's f's f's f's f's f's f's f's f's f', and continued to move to the ward at his request; and (e) another police officer moved to the outside of the house to measure drinking at the Defendant’s request.

As above, the Defendant assaulted police officers to interfere with the legitimate execution of duties regarding the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The application of the Acts and subordinate statutes governing photographs of damage caused by the obstruction of performance of official duties, investigation reports ( analysis of images of personal mobile phones by police officers), and 112 Reporting Cases

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the commission of the crime; and (d) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, are to be taken into

An unfavorable circumstance: A situation that interferes with the performance of official duties by assaulting police officers is highly likely to be subject to criticism due to the challenge to public authority: There is no criminal power for the same kind of crime.