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(영문) 서울북부지방법원 2020.08.11 2020고단1536
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 31, 2020, at around 00:35, the Defendant reported 112 that the customer does not calculate the drinking value, and was dispatched to the above main employee F of the police station of Dongdaemun-gu Seoul Police Station, the Defendant was under the control of the above main employee F of the tobacco sprink from the slope E belonging to the police station of Dongdaemun-gu Seoul Police Station, which was called to the above main employee F of the tobacco sprink one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order include 12 criminal records of the accused, the accused has shown a confession and reflective appearance, the Defendant currently under medical treatment of alcohol, the Defendant deposited KRW 500,000 for the pertinent police officer, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances indicated in the records and arguments of this case, including the circumstances after the crime.

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