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(영문) 서울중앙지방법원 2020.12.02 2020고단7142
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 August 21, 2020: (a) around 00:20, the Defendant: “Around 00:20, the Defendant was assaulted by the police officer slope C belonging to the Seoul Gwanak-gu Police Station, who was under the influence of alcohol and who was under the influence of alcohol on the road front of Gwanak-gu Seoul Special Metropolitan City, and who was under the influence of the roadway, to move the Defendant to his residence, with the consent of the Defendant, at the patrol vehicle in the public parking lot in front of Dongjak-gu, Seoul, and the police officer D, who was on the part of the police officer assigned to the Seoul Gwanak-gu Police Station, who was under the influence of the alcohol, was able to take the Defendant’s residence, and the Defendant was able to take the son and the police officer assigned to the police officer at the seat of the Defendant, on the patrol vehicle in front of Dongjak-gu, Seoul, with the vehicle emitted from the son, the head of the C’s vehicle at once, the

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the reasonable circumstances] Defendant is against the Defendant’s confession of the instant crime.

There is an aspect that the defendant led to the crime of this case in a contingency under the influence of alcohol.

There shall be no criminal records exceeding fines for defendants.

[Unjustifiable circumstances] The crime of this case is very poor because the defendant used a direct tangible force on the body of police officers dispatched to protect himself under the influence of alcohol.

The defendant has been punished by a fine (two million won of fine) for the obstruction of performance of official duties.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.

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