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(영문) 서울남부지방법원 2021.02.04 2020고단5743
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2020, around 05:15, the Defendant intended and attempted to “in front of the Gangseo-gu Seoul Metropolitan Government apartment B apartment,” and “The Defendant demanded that D pay a taxi fee to the Defendant as the police commander of the Seoul Gangseo-gu Seoul Police Station C police box called up after receiving the 112 report from the taxi driver, and the police commander of the Seoul Gangseo-gu Police Station C police station, which called up, called up for the above D, took a bath for the said D, and displayed a cler white white as being used by the her hand.

Then, the police box belonging to the same police box called together with the above D, issued a warning that E will only take a bath and assault against the defendant, sent a bath to the above E, and displayed a clurbic white, which was cited in the hand, toward the face of E.

The police officer continued to search for the defects in the police officer's attempt to move along the patrol vehicle, and opened the 112 patrol team to prevent the operation of the patrol vehicle, and then pushed E's chest by hand after preventing the police officer from operating the patrol vehicle.

As above, Defendant assaulted police officers, thereby obstructing the legitimate execution of duties regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to investigative reports (F telephone conversations of harvested persons);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the probationary sentence is to be imposed by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, including the following circumstances.

The circumstances at a disadvantage: It is decided as per Disposition on the grounds that there have been many records of punishment due to the crime of injury, etc., violence to police officers and obstructing the performance of official duties is highly likely to be criticized as a challenge to the public authority: There is no criminal record for the same kind of crime, and there is no depth of mistake.

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