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(영문) 서울중앙지방법원 2020.09.14 2020고단5005

공무집행방해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2020, the Defendant reported 112 in front of Jongno-gu Seoul, Jongno-gu, Seoul, on July 2, 2020, on the face of the police officer at one time by hand, the Defendant was requested to return home from the police officer D to the police officer affiliated with the Seoul Hypo Police Station, who called out after receiving a 112 report stating that “I would know who is a marre, who is a router, who is a router.”

Accordingly, the defendant interfered with legitimate execution of duties regarding the handling of the 112 reported case by the police officer, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture [the reasonable circumstances] is against the Defendant’s confession of the instant crime.

There is an aspect that the defendant led to the crime of this case in a contingency under the influence of alcohol.

There shall be no criminal records exceeding fines for defendants.

The contents and degree of tangible power exercised by the defendant is not much serious.

[Unjustifiable circumstances] The crime of this case is very poor because the defendant used a direct tangible force on the body of a police officer dispatched to protect himself under the influence of alcohol.

A damaged police officer is punished for the defendant.

There is a record of being punished by a fine (one million won of fine) for the crime of obstruction of performance of official duties.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.