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(영문) 서울북부지방법원 2021.02.05 2020고단4864
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2020, the Defendant 21:10, 21:20, 21:20, 21:20, 3:00, 3:00, 200, 3:00, 200, 200, 3:00, 3:00,000, 3:00,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Notification to the department related to the report of 112 case;

1. Application of Acts and subordinate statutes to a criminal investigation report (police officers' dyscam and CCTV image analysis in the site);

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

1. Article 62 (1) of the Criminal Act on the stay of execution.

1. The reason for sentencing under Article 62-2 of the Criminal Act is 112 of the Social Service Order Act, and the police officers who wish to take the measurement of drinking alcohol by being called out after receiving a report shall be punished strictly because it is not good for the crime to be committed by threat and assault.

However, there are favorable circumstances such as the fact that it appears to be against the defendant by recognizing the crime, and the fact that the enforcement officer and the police officer do not want the punishment of the defendant.

In these circumstances, the defendant's age, sexual conduct, motive, means and consequence of the crime, and the conditions of sentencing, such as the circumstances after the crime, shall be comprehensively taken into account, and the punishment as ordered, shall be determined under the condition of social service.

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