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(영문) 서울중앙지방법원 2021.02.04 2020고단8458

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:00 on September 23, 2020, the Defendant: (a) filed a report with the Seoul Gangnam-gu Seoul and fourth floor for joint countermeasures; (b) the police officer C, who belongs to the Seoul Gangnam Police Station, dispatched to the site after receiving a report from 112, demanded the Defendant to return home, and (c) the Defendant pushed C with C’s chin and the chin as his hand, who was the police officer belonging to the Seoul Gangnam Police Station, who continued to arrive at the site upon receiving C’s request for help, and (d) caused D’s losses by hand, and fluencing D’s s and chest by hand, who was the police officer belonging to the Seoul Gangnam Police Station, who continued to arrive at the site upon C’s request for help.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime. The Defendant asserts to the effect that the Defendant was in a state of mental or physical weakness, under the influence of alcohol.

However, according to the records of this case, although the defendant is deemed to have considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the statement and behavior of the defendant before and after the crime of this case, it does not seem that the defendant did not have the ability or decision making ability to discern things due to drinking at the time, or it does not seem that the defendant did

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor under Articles 40 and 50 of the Criminal Act for the selection of a sentence of ordinary concurrent crimes;

1. The act of obstructing the legitimate execution of official duties for the reason of sentencing under Article 62(1) of the Criminal Act by violence is an act that damages the public interest that would be achieved through the execution of official duties, and at the same time, destroying the legitimate authority of the State action and legal order, which is a serious criminal, and the Defendant appears to be an contingent crime under the state of primary action, and the exercise of the Defendant’s tangible power is very serious.