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(영문) 서울북부지방법원 2020.05.27 2020고단494
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 November 12, 2019, at around 08:35, the Defendant: (a) neglected the demand from police officers E and F of the Nowon Police Station D police box at the Nowon-gu Seoul Special Metropolitan City, Nowon-gu Police Station where the Defendant was under the influence of alcohol on the road; (b) neglected the demand from the police officers E and F of the Nowon Police Station D police box at the patrol station, where he was carrying out the patrol; and (c) upon the demand of the Defendant, the police officers E and F set up the demand that the Defendant turn on the road and turn on on the road, the Defendant “fried bitch,” and the Defendant re-requested that “fried bitch,” fried, fried bitch, fried bitch, fried, carried out public duties, and that such frien son was frightd by assaulting the police officers F’s chest.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A G statement;

1. Application of the CDA-related Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have refused a police officer’s request for vehicle movement while the defendant was patroled and obstructed a police officer’s legitimate performance of duties. In order to establish the State’s legal order, the crime of obstruction of performance of official duties needs to be strictly punished, and even if the defendant had a record of criminal punishment several times including violent crimes, the crime of this case is committed, the nature of the crime of this case is not weak in light of the fact that the defendant committed the crime of this case.

However, there was no injury by the damaged police officer, there is no criminal record that exceeds the suspension of the execution of imprisonment with prison labor.

In addition to these circumstances.

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