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(영문) 서울남부지방법원 2020.04.28 2019고단3381

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 29, 2019, at around 00:40, the Defendant: (a) committed a threatening act, such as talking and drinking a taxi engineer E, among the sloping C belonging to the Seoul Geumcheon Police Station B police box, and police stations D, etc., who called to the scene after receiving a report of 112 stating that “the taxi passengers fright while taking a bath,” and assaulted the taxi engineer E, such as taking a bath, taking a bath, and taking a bath, and taking the slope C in his hand to stop the Defendant; (b) taking the arms of C with his hand; and (c) taking the bags in line with his body to display them to C.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by police officers.

Summary of Evidence

1. C Legal statement;

1. Protocol of examination of witnesses regarding E;

1. Each police statement of C and E;

1. Radioactive dust;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

In order to establish a state's legal order and eradicate the light view of public authority, it is necessary to strictly punish the obstruction of performance of official duties. The crime of this case is a matter of exercising tangible power against a police officer who returns home after the handling of the 112 reported case, and the nature of the crime is not easy: The exercise of tangible power is a pure act, and there is no record of criminal punishment for the same kind of crime.