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(영문) 서울서부지방법원 2020.11.05 2020고단2662
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

1. At around 01:50 on August 1, 2020, the Defendant rejected a request for returning home from a police officer who belongs to the Seoul Seodaemun Police Station C police box (the age of 36) who was called by the Defendant on the road before the Seodaemun-gu Seoul Metropolitan Government “Bel” in front of 01:50 on August 1, 202, and the Defendant refused to return home from the police officer belonging to the Seoul Seodaemun Police Station C police box (the age of 36), who was called by the Defendant, and “I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

Accordingly, the defendant interfered with the execution of police officers' duties on the handling of 112 reported cases and the protective measures for the host.

2. 현행범행체포 공무집행방해 피고인은 위 일시, 장소에서 제1항 범행으로 인해 현행범인으로 체포되어 위 순경 E에 의해 순찰차에 탑승하게 되자 발로 순경 E의 얼굴 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the execution of police officers' duties regarding the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written statement;

1. Application of Acts and subordinate statutes to report internal investigation, notification to the department related to the report of the 112 Incident, service log of a police box, vehicle photographs and investigation report (examination of evidentiary materials);

1. Article 136(1) of the Criminal Act of the relevant legal doctrine on criminal facts [Article 136(1) of the Criminal Act (see, e.g., Supreme Court Decision 2017Do21537, Mar. 29, 2018)] of the relevant legal doctrine on criminal facts (see, e.g., Supreme Court Decision 2017Do21537, Apr. 1, 2018)

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations [decision of the type of obstruction of performance of official duties] The scope of recommendations for the obstruction of performance of official duties [Article 1], and the scope of recommendations for the obstruction of performance of official duties.

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