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(영문) 서울남부지방법원 2020.08.25 2020고단3361
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 April 11, 2020, at around 01:45, the Defendant: (a) 112 of the Seoul Gangseo-gu Seoul Metropolitan Government D Zone E (the age of 55) sent out to check the details of the report; (b) ran away the said E from the floor of the hand, and then sprinked the said E-mail by hand, with the hand, the Defendant sprinked the Defendant at one time.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by the above E, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the commission of the crime; and (c) the conditions for all the sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be taken into

A extenuating circumstances: A situation that interferes with a police officer's performance of duties by assaulting him/her is highly likely to be subject to criticism: A sentence is rendered as ordered on the grounds that he/she does not have a previous conviction except for a suspended sentence of imprisonment and a fine once, and in particular, he/she lives without any previous conviction after 2008, and his/her depth is divided.

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