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(영문) 서울남부지방법원 2020.04.22 2019고단4058
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 4, 2019, at around 00:25, the Defendant: (a) sold alcoholic beverages to the site after receiving a report on 112 report to the effect that he/she is going to the site, and (b) carried out the arms of the said slope E in his/her hand, and (c) carried out entertainment by hand, the Defendant was able to see the said slope E in his/her hands.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the above slope E's 112 Report processing work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that the crime of obstructing the performance of official duties is likely to obstruct legitimate law enforcement and encourage light of public authority, and thus, it is necessary to strictly cope with the crime.

Provided, That it shall be considered that the defendant reflects the fact that he/she recognizes the crime and has no record of the same kind of crime.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances and the age, character and conduct, environment, criminal records, criminal records, and circumstances after the crime, shall be determined as ordered by the sentence.

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