logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.11.06 2020고단2889
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 5, 2020, at around 08:15, the Defendant 112 reported 112 that “A person under the influence of alcohol is a person under the influence of alcohol in the toilet.” On August 5, 2020, the Defendant: (a) sent to the site after receiving a report from 112 that “A person under the influence of alcohol is under the influence of alcohol; (b) he was arrested from the D Zone Unit of the Seoul Bupyeong Police Station as a flagrant offender committing obstruction of performance of official duties; and (c) was arrested from the site to the police officer under the jurisdiction of the D Zone of the Seoul Eunpyeong Police Station, who was carrying his arms on the f, who was under the control of the district, in the course of carrying out the patrol as a flagrant offender at the 24th of the patrol, and f, who was under the control of the district.”

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes to the violence and photographs of the police officers who suffered damage, CCTV video recording, patrol box images, and photographic images;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which prevents the execution of duties by assaulting the police officers dispatched after receiving a report of 112, shall not be minor;

However, the sentencing conditions shown in the records and arguments of this case, such as the defendant's time to commit the crime, the fact that there is no record of the crime exceeding the fine, and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., shall be determined as the order.

arrow