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(영문) 서울중앙지방법원 2020.10.29 2020고단6229

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2020, at around 14:44, the Defendant reported 112 on the street in front of the entrance of the subway No. 122 located in the Jung-gu Seoul Central Police Station No. 10, the Defendant used B’s arms on his hand on the ground that the police officers B belonging to the Seoul Central Police Station, who called the Seoul Central Police Station, have broken off the lock, and assaulted B’s arms on two occasions on the hand on the ground that he has broken out the lock.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the people's lives, bodies and properties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (verification of images of obstruction of performance of official duties);

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 under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant confessions all of the crimes and reflects them, and that the violence committed to the police officer does not seem to be considerably serious, and that the first offense is favorable.

However, the defendant did an assault against the police officer called out after receiving 112 report without any justifiable reason. The nature of the crime is not good, and the defendant did not receive any use from the damaged police officer.

The punishment as ordered shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime.