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(영문) 서울중앙지방법원 2020.11.26 2020고단4518
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On June 19, 2020, at around 00:27, the Defendant: (a) reported 112 on the street room in front of the building in Gwanak-gu in Seoul Special Metropolitan City; (b) on June 19, 202, the Defendant of the obstruction of performance of performance of official duties of police officers B and C, who confirmed the on-site conditions of the police officer B and the police officer B belonging to the Seoul Gwanak Police Station E zone in the Seoul Gwanak Police Station E zone, and heard the reporter’s statement, the Defendant was able to prevent the front of the Defendant; and (c) the Defendant was tightly sealed the shoulder shoulder part of the police officer B in one way by hand, and the shoulder part of the police officer C in one time by hand.

As a result, the defendant interfered with the 112 reported case handling by police officers, protection of people's lives, bodies and property, prevention, suppression and investigation of crimes, etc.

2. 경사 F에 대한 공무집행방해 피고인은 2020. 6. 19. 00:28경 위 ‘D빌딩’ 앞 노상에서, 위와 같이 경찰관들을 폭행하여 공무집행방해죄의 현행범인으로 체포된 후 서울관악경찰서 E지구대 소속 경사 F로부터 연행되자 화가 나서, 머리로 위 경찰관의 머리 부위를 1회 들이받고, 배 부위를 발로 1회 찼다.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties such as prevention, suppression and investigation of crimes, arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B, C, and F;

1. Application of a DNA-camp video CD-related statute;

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. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is favorable to the recognition of the criminal defendant.

On the other hand, the fact that the defendant was guilty of violence including the suspension of the execution of imprisonment with prison labor, and the degree of violence used by the police officers is not easy.

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