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(영문) 서울남부지방법원 2020.08.28 2020고단3206
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2020, at around 03:40 on May 25, 2020, the Defendant, at “C” located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul and the 112th underground floor, received a report that there was time expenses for singing room use fees, and sent to the site, the Defendant took a bath on the ground that he maintains the sales of alcoholic beverages by the D Zone D District of Seoul Yangcheon Police Station D, and the horse F, etc., who called the site, controlled the sales of the said singing room, and committed assault against the said E once having the face of the said E.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing field photographs, Baduk campaigns, and video CDs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act under the suspended execution lies in the police officer who wears his uniform and obstructing the performance of official duties by displaying microphones, etc.

The crime of obstruction of performance of official duties needs to be punished in order to establish national legal order.

The defendant denies the crime that did not contain the fact that he did not go to police officers, despite the fy campaigns video, and there is no room for the improvement of character and behavior.

In addition, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime, shall be determined as ordered.

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