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(영문) 서울남부지방법원 2020.10.23 2020고단4436

공무집행방해등

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

The defendant is a person who is engaged in daily work.

On July 29, 2020, the Defendant: (a) spits the bus bed on the bus floor and takes a bath to customers, etc. on the bus (D) that was stopped near the Yangcheon-gu Seoul Metropolitan City bus stops; (b) around 2:13 on the same day, the Defendant was asked F of the reasons why he takes a bath from F, who is the victim of the Seoul Yangcheon Police Station Estation, dispatched after receiving a report around 112 on the same day; (c) on the place where the bus is located, F, “I will not take a bath due to spak, police spons, and spons of the daily common people.” (d) The Defendant sprinked F, who was asked of assault on the ground that he spacks the bus bed from the bus and takes a bath for the reason that he spacks it again from F, and spacks it into a spatch.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers related to the handling of 112 Reporting Cases, and publicly insulting the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The photograph of the victim;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements of an excursion ship by a shot person);

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for the crime of obstruction of the performance of official duties by obstructing the legitimate exercise of public authority.

The Defendant, while under the influence of alcohol, expressed a desire and exercised force against police officers who want to assist themselves.

However, the fact that the defendant is led to confession, the fact that the defendant has not been relatively much weighted, and only three times of fine before 2002.