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(영문) 서울남부지방법원 2020.07.23 2020고단2751

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 April 16, 2020, at around 22:25, the Defendant: (a) committed assault, such as: (b) the fact that the Defendant received 112 report and arrested the Defendant’s volunteer fee in the front of Gangseo-gu Seoul Gangseo-gu Seoul, that was, the Seoul Gangseo Police Station C police box affiliated with the Seoul Gangseo-gu Police Station that called the Defendant, and attempted to board the patrol vehicle after arresting the Defendant’s volunteer fee as a charge of special injury; (c) the latter part of the said item of the said D on several occasions; (d) knife the patrol gear in front and rear by putting it in two hands; and (d) the Defendant committed assault, such as having his body satis.

As above, the Defendant assaulted police officers to interfere with legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the screen of a visual closure;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The grounds 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) motive, means and consequence of the commission of the crime; and (c) the conditions for all the sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be taken into

D. Unfavorable circumstances: It is decided as per Disposition by the reason that the act of assaulting the police officer in uniform and obstructing the performance of official duties is highly likely to be subject to criticism as a challenge to the public authority: there is no previous conviction except for three times of a fine for the crime of this kind; the police officer wanting to take the front of the defendant; and the fact that the error is divided in depth.