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(영문) 서울북부지방법원 2020.06.04 2020고단1145

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 26, 2020, at around 23:20 on February 26, 2020, the Defendant received 112 reports from the main points located in Gangnam-gu Seoul, Gangnam-gu, and discovered the details of the report from the police officers belonging to the Seoul Gangseo-gu Police Station, the police officers called the Seoul Gangseo-gu Police Station, who were dispatched to the scene, and prevented them from listening to the report. The Defendant was demanded from C to “the movement during the execution of public duties.”

In this regard, the Defendant expressed a bath to “I am, I have now come to am, I am,” and assaulted C’s face on one occasion by drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of face at the victim;

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. The crime of this case was committed several times due to the reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order (in order to prevent recidivism of the defendant and to provide the defendant with an opportunity to reflect against the defendant's interest, etc.), and the criminal records of this case were committed several times due to the same or different crimes. The defendant's past punishment records, the defendant's appearance at the time of the crime of this case, the circumstances after the crime, etc. are anticipated to raise the possibility of recidivism.

On the other hand, the fact that the defendant is against the law is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the age, character and conduct, the environment, and the background of the crime.