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(영문) 서울북부지방법원 2020.08.14 2020고단2237
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 May 16, 2020, at around 19:20, the Defendant was under the influence of alcohol in the vicinity of the Gangseo-gu Seoul Northern District, and received 112 report and responded to the receipt of a check from C by a police officer of the Seoul Gangseo Police Station, who was called for, and responded to C, and assault C’s head by her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the 112-report processing by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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 obstruct a police officer’s legitimate performance of duties by taking a bath and assault against a police officer who was dispatched after receiving 112 report. In order to establish the State’s legal order, the crime of obstruction of performance of official duties needs to be strictly punished. The Defendant committed the crime of this case in light of the fact that he/she committed the crime of this case even though he/she had the record of criminal punishment of suspended sentence of imprisonment for violent crimes in 2013, and even if

Provided, That the damaged police officer did not inflict an injury, and the accused commits a crime and reflects the wrongness by recognizing the crime, and the accused has no criminal records except for the suspended execution and one fine.

In addition to these various circumstances, in consideration of the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances revealed in the records and pleadings, the sentence like the order shall be determined and the execution thereof shall be suspended, but a considerable time of community service shall be ordered in order to give the defendant an opportunity to reflect seriously against the defendant.

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