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(영문) 서울남부지방법원 2020.04.24 2020고단678
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

피고인은 2020. 1. 24. 18:45경 서울 금천구 B 건물 옆 주차장에서 술에 취한 상태로 누워 있던 중, 112 신고를 받고 출동한 서울금천경찰서 C지구대 소속 피해자 순경 D으로부터 귀가를 권유받자 갑자기 피해자에게 “경찰 새끼들 사람이 죽어가는데 태도가 그게 뭐냐”라고 욕설하며 손으로 피해자의 어깨 부위를 5~6회 밀치고, 발로 피해자의 정강이 부위를 2~3회 걷어찼다.

The Defendant continued to use the victim bucks E along with the victim bucks belonging to the same district group, and used the victim's chest part by hand twice the victim's chest part by hand, walking the victim's bucks part once, walking the victim's bucks part by walking the bucks part once, and walking the fucks part by walking the fucks part once.

As a result, the Defendant interfered with the legitimate execution of police officers' duties on the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes of photograph of suspects and victims;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has interfered with the execution of duties by assaulting the police officers who wear the uniform, and the nature of the crime is poor.

The crime of obstruction of performance of official duties needs to be punished in order to establish national legal order.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as follows: (a) the defendant reflects his/her mistake; (b) the defendant has no specific penalty power other than punishment twice by a long fine; and (c) the defendant's age, character and conduct, environment

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