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(영문) 서울북부지방법원 2020.09.22 2020고단2574

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 1, 2020, at around 06:55, the Defendant, at the office B of the Gangnam-gu Seoul Northern Police Station B located in Gangnam-gu, Seoul Metropolitan Government, where the slope C belonging to the above police station intends to unfash the wall in order to release the Defendant arrested in the act of fraud, at one time the fash of the above C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of investigation reports (Attachment to B office CCTV images) and CCTV video-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant assaulted a police officer with legitimate performance of duties in the state of detention, and that there is a need to strictly punish such crime in order to establish the State’s legal order.

On the other hand, there are favorable circumstances such as the defendant's constant drinking treatment, and the fact that the defendant is the first offender.

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.