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(영문) 서울중앙지방법원 2020.10.29 2020고단4417

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

At around 22:20 on May 6, 2020, the Defendant was urged to return home from the details of C belonging to the police box called up at the 112 telephone station in front of the Seoul Southern Police Station that he did not pay the taxi fee according to the Han River, Jung-gu, Seoul, Seoul, and was urged by the Defendant to return home from the circumstances of C and D of the police box called up at the 410 Seoul Southern Police Station, and “I am 62 years after they come home.” The Defendant sent back the head of the above C at one time, sent back the chest installed at one time, pushed back the chest, cut back the chest, and assaulted the Defendant at one time the face of the above D that solicits the Defendant to return home.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to C and D;

1. Each statement of E and F;

1. Tax receipt and penalty payment notice; and

1. Application of damaged photographs and CCTV video CD-related Acts and subordinate statutes;

1. Article 137 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the defendant has been punished once as a fine for the same crime, and this case is not good that the defendant has used violence against police officers who are solicited by the defendant to pay the taxi fee from the police officers dispatched by the report of the taxi engineer.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is fully aware of and against the crime, the degree of interference with official duties, and the age, character and conduct, environment, motive and result of the crime, etc. of the defendant, shall be determined as the order.