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(영문) 서울중앙지방법원 2020.08.11 2020고단3794
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Mongolian nationality, who entered Korea with the status of stay in master's degree (D-2-3, September 30, 2020) around April 2019.

At around 01:50 on May 11, 2020, the Defendant was arrested as a flagrant offender in fraud from police officers belonging to the Seoul Central Police Station B located at the Seoul Central Police Station B located at the site after receiving the report of 112 of the above restaurant E, on the ground that he performed drinking together with E and did not pay the price for drinking in a restaurant located in Jung-gu Seoul Central Police Station B, and was transferred to the F Office of the Seoul Central Police Station located in Jung-gu, Seoul Central Police Station at around 03:0 on the same day.

On May 11, 2020, the Defendant tried to go out of the police station on the ground that he would take a bath under the influence of alcohol at the F Office of the Seoul Central Police Station F Office, scambling, and smoking tobacco. On May 11, 2020, the Defendant assaulted the right side part of the said G by shouldering the front side of the said G with the background and G belonging to the above F, and the patrolman.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the arrest of flagrant offenders and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and I;

1. Application of Acts and subordinate statutes to internal investigation reports (to telephone conversations for reference I), investigation reports (to confirm CD motion images - Performance of Official Duties related to obstruction of performance of official duties);

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is that the crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to establish the national legal order and eradicate the light of public authority.

The defendant attempted to flee in the police station, and the nature of the crime is very good by using violence to the police officer who restrains the escape.

The defendant was unable to receive or agree on a letter from the victims.

However, the defendant makes a confession of crime.

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