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(영문) 서울북부지방법원 2020.08.28 2020고단94
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 21:00 on December 18, 2019, the Defendant interfered with the business of the victim’s bar business for about 20 minutes by force, such as: (a) at the main point of “D” operated by the victim C (Inn, 57 years of age) of Gangnam-gu Seoul Metropolitan Government (hereinafter “D”); (b) at the large interest rate without any justifiable reason; (c) and (d) putting the customers in the studio with the studio and the studio, leading them out of the studio, thereby obstructing the victim’s bar business for about 20 minutes by force.

2. Performance of official duties;

A. At around 21:20 on the same day, the Defendant was arrested as a flagrant offender on the ground that he interfered with business from the police officer F (29 years old) who was a police officer belonging to the Seoul Gangseo-gu Police Station Estation, who was dispatched to the scene after receiving a report of 112 on the same day. On the contrary, the Defendant refused to carry the breath of the F and carried the breath breath and to carry the breath on the patrol, and assaulted three times by force by the F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and escort of police officers.

B. At around 21:32 on the same day, the Defendant received a demand from the Estation located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to get off the patrol boat from the said F (29 years old), and committed assault, such as the Defendant’s refusal to get off the said F’s bucks by sending off the bucks.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the escort of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of CCTV closures and field photographs-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 314 (1) of the same Act (the point of obstructing performance of official duties and the choice of imprisonment), which provide applicable legal provisions and the choice of punishment for the crime (the point of obstructing duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act shall be sentenced to the defendant with the reason of sentencing.

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