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(영문) 서울남부지방법원 2020.04.22 2019고단6260

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 31, 2019, around 18:20 on October 31, 2019, the Defendant obstructed the front side of the C Village bus, which is a full state of driving a four-lane road in front of Yeongdeungpo-gu Seoul, Seoul, along three-lanes from the intersection to the Youngpo-ro along the three-lanes, and when the police officers belonging to the Seoul Youngpo Police Station D Zone D Zone E, the Defendant kept the chest of the above E at one time on the left side of the above E.

As a result, the defendant interfered with legitimate execution of duties concerning traffic management and prevention of safety accidents of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes for investigation reports (Attachment to the Cvillage bus booms video, etc.);

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that the crime of obstructing the performance of official duties is likely to obstruct legitimate law enforcement and encourage light of public authority, and thus, it is necessary to strictly cope with the crime.

Not only can the Defendant have been punished for the crime of obstruction of business, including the crime of obstruction of business, etc. by the recent 2016, but also the Defendant again re-offending the record of punishment as the crime of obstruction of performance of official duties and damage to public goods.

Provided, That the fact that the defendant recognizes the crime and reflects it shall be considered in favor of the defendant.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances and the age, character and conduct, environment, criminal records, criminal records, and circumstances after the crime, shall be determined as ordered by the sentence.