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(영문) 서울북부지방법원 2020.09.10 2020고단2998
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 11, 2020, at around 10:14, the Defendant was urged to return home from F, a police box belonging to the Seoul Southern Police Station Eab, who was dispatched after receiving C’s report of 112 on the ground that the Defendant was divingd to the floor of drunk in the middle of the trade name D operated by C in Jung-gu Seoul Metropolitan Government, on the ground that he was divingd.

The Defendant used the Defendant’s left arms to use the Defendant’s left arms to use the Defendant’s left arms, and used the F to control the Defendant’s left arms by cutting down the Defendant’s left arms, and used the F by taking the f’s chest into the Defendant’s head one time, taking the f’s chest on the f’s head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to a criminal report (ctvv image and dyp image verification);

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 the Probation and Social Service Order (a person who is subject to probation in order to prevent recidivism of the defendant, and to give the defendant an opportunity to reflect on the defendant's serious resistance) are deemed to have committed the instant crime with the attitude of disregarding the exercise of legitimate public authority. As such, in order to establish the State's legal order, it is necessary to strictly punish such crime; the defendant can be punished for the same or different crimes; the defendant can be punished for the same kind of crime; the defendant's penal power or the form of the defendant at the time of the instant crime, the circumstances after the instant crime, etc. are anticipated to be highly likely to repeat

On the other hand, the fact that the defendant is against the law is favorable.

Each of the above circumstances is shown in the records and arguments, such as the defendant's age, character and conduct, environment, and circumstances of the crime.

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