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(영문) 서울중앙지방법원 2021.01.27 2020고단6414
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:20 on June 22, 2020, the Defendant expressed the victim’s desire to “I will not pay a taxi fee” in front of Gwanak-gu, Seoul Special Metropolitan City, to “I will not pay a taxi fee” to the police officers belonging to the Seoul Gwanak Police Station, who were dispatched to the scene after receiving 112 reports, and to “I will see that I will see this son, I will see this son, I will see, I will see, and if I will see, I will see the victim’s body, head, and head of the victim, I will see that I will see.” The victim will stop the Defendant from leaving the front of the driver’s seat while I will see, “I will see at time, I will s will spopfling, I will spick, I will see this spick.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Application of the police report on the investigation report of the police's statement C to the defendant's statutory statement C (a video attachment taken by a police officer arrested a flagrant offender) to the field image (Attachment to a CD) and the Act on fa

1. The accused has been punished several times for violent crimes prior to the relevant legal provisions, Article 136(1) of the Criminal Act regarding criminal facts, the observation of protection under Article 62 of the Criminal Act, and Article 62-2 of the Act on the Suspension of Execution of Sentence of Imprisonment with labor, and the reasons for sentencing under Article 62-2 of the Act on Community Service and Order of Education

In addition, the Defendant committed the instant crime without being released from prison labor due to fraud in 2017, even though he was released from prison labor, etc.

In light of the above criminal history and violent tendency of the defendant, there is a need to punish the defendant strictly.

However, the defendant recognizes his mistake.

A damaged police officer does not want to use the defendant and punish the defendant.

In addition, the degree of violence, age, sexual conduct, environment, motive, means and result of the crime.

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