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(영문) 서울중앙지방법원 2020.09.24 2020고단5255
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On June 26, 2020: (a) around 03:14, 2020, the Defendant asked questions about the 1112 telephone call for “Interference with taxi business” on the front of the C convenience store located in Gwanak-gu, Seoul Special Metropolitan City, to the head of the Seoul Gwanak-gu Police Station D District of the Seoul Gwanak-gu Police Station, who was called up after receiving the report of 112 telephone, and the background of Niting the taxi

d. The term “fora, wurd.” and “fora, wurd. Hamhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

The term "" means "the body of the above E is pushed up three times with the chest and shoulder, and "the person shall be dead when being killed."

"..........." assaulted the descendants of the above E's clothes.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the Act and subordinate statutes to a investigative report (J Bag video - CCTV images in patrolmen);

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

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime, disregarding public authority by exercising a police officer’s direct force on the body of the police officer who performs his duties under drinking alcohol.

In light of the circumstances of the crime of this case, the degree of tangible force inflicted by the defendant, and the degree of obstruction of performance of official duties, the quality of the crime is not good.

However, considering the fact that the defendant's mistake was committed by the defendant, the damaged police officer's desire to punish the defendant for a serious punishment, the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the circumstances such as the defendant's age, character and behavior, family relationship

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