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(영문) 서울북부지방법원 2021.02.19 2020고단4832

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 18, 2020, the Defendant entered the bicycle race track at the entrance of the CV in Dongdaemun-gu Seoul, Dongdaemun-gu, without drinking alcohol, and demanded the Defendant to enter the bicycle race track at the entrance of the bicycle race track. On November 18, 2020, the Defendant would be able to get the bicycle race from D staff members of the bicycle race track, and the Defendant would be able to enter the bicycle race race track. On November 18, 202, the Defendant demanded F to present an identification card from the police officer belonging to the Seoul East-gu Seoul East Police Station E police box who was dispatched after receiving a report of 112; and

Whether it is equal to that of a child;

"" and "the face of the F in drinking has been taken at one time."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance is that a police officer’s face of a police officer dispatched after receiving a report of 112 of the reason for sentencing under Article 62-2 of the Social Service Order Act is not good for committing a crime, and that there is a record of violent crime.

On the other hand, it seems to be against the situation such as the defendant's excessive death by finding a damaged police officer, the fact that the defendant is a contingent crime that occurred under the influence of alcohol, and the fact that the damaged police officer does not want the punishment of the defendant is favorable.

In these circumstances, the sentencing conditions, such as the defendant's age, sex, motive, means and consequence of the crime, after the crime, shall be comprehensively taken into account, and the punishment as ordered shall be determined under the condition of community service.