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(영문) 서울남부지방법원 2020.06.25 2020고단1223
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 15, 2019, at around 08:22, the Defendant reported on November 15, 2019, the 112 report was sent to the site by a police officer belonging to the Seoul Gangseo Police Station E zone E zone, on the street in front of the 'Cju' store located in Gangseo-gu Seoul Metropolitan Government.

Since then, when the defendant was confirmed to have been issued a writ of execution due to a fine (3 million won) due to the crime of bodily injury in the course of being identified by the above police officers, the defendant attempted to refuse to comply with this, and attempted to approach the above D again by the police officers, such as F, etc., and committed assault by F with the defendant's chest by force only once by force.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, H and I;

1. A copy of a fine, receipt of the fine, arrest report, and warrant of execution;

1. On-site CCTV photographs;

1. Application of a DNA-camp video CD-related statute;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

The crime of obstruction of performance of official duties is a crime that interferes with legitimate performance of duties by a police officer, and is a crime that interferes with the public official's legitimate performance of duties, and has the record of criminal punishment four times of a fine due to a violent crime, which is favorable to the defendant, in light of the circumstances and contents of the crime.

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