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(영문) 서울남부지방법원 2020.10.21 2020고단3844
공무집행방해등
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

1. Around 01:00 on July 5, 2020, the Defendant: (a) the victim E of the police police station affiliated with the Yangcheon Police Station D police box called up after receiving a report from 112 reported that the Defendant interfered with the flow of vehicles under the influence of alcohol on the front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) the victim of the victim’s sexual harassment, such as “a bitch F of the bitch dispatched along with the bitch F, and the above C,” and “a bit of the bitch bitch bitch, f of the bitch bitch bitch, f of the bitch bitch bitch, and a

2. The Defendant took a bath to the police officer E at the time, place, and place indicated in Paragraph (1) of the same Article, and attempted to take two times the launchings, etc. of E on the ground that both arms and safety guards E are pushed away, and that the circumstance was bad to prevent the Defendant from selling his arms in the rear, and that E attempted to take two times the launchings, etc. of E on the ground that the circumstances were defective to arrest the Defendant as a flagrant offender for the crime of insult and the crime of obstruction of performance of official duties, and assaulted police officers at one time due to the defect that E attempted to arrest the Defendant as a flagrant offender for the crime of obstruction of official duties.

Accordingly, the Defendant interfered with the legitimate execution of official duties of police officials in charge of handling 112 reported cases and arresting lawful flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the police statement to E (112 reported cases and processing results);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum amount of both crimes shall be added up) for concurrent crimes with the punishment prescribed for the crime of obstruction of performance of official duties heavier than the punishment);

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One to six years of imprisonment;

2. The sentencing criteria shall be based on; and

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