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(영문) 서울북부지방법원 2020.07.22 2020고단1834
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 26, 2020, at around 05:13, the Defendant: (a) 05:13, at the police box located in Gangnam-gu Seoul Northern District B, sent a complaint against the Defendant that he received by the Defendant; (b) saw the Defendant’s “defluence” case; and (c) saw the police officers, such as D, etc., belonging to the Seoul Gangseo-gu Police Station, who had been located there, and acted at the time of drinking.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the case and the handling of civil petitions by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Report on investigation (the confirmation of police officers at the time of the incident) and application of Acts and subordinate statutes to report an investigation (the confirmation of CCTV boxes);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order committed the instant crime even though he/she had been punished several times due to violent crimes, etc.

Considering the fact that the defendant is aware of the defendant's mistake and does not proceed to the exercise of physical violence, etc. as favorable to the defendant, the defendant's age, character and behavior, environment, occupation, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in light of all the sentencing conditions as shown in the arguments of this case.

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