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(영문) 서울남부지방법원 2020.10.23 2020고단3682
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 June 27, 2020, the Defendant: (a) expressed a bath to the Defendant’s question of whether the Defendant wraped with another person on the street in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) received 112 report that the Defendant wraped with another person; and (c) received the Defendant’s question of whether he wraped “it was true that he did drinking, and did so with another person,” and used the said D’s chest part twice by hand, and used the Defendant wraped the victim’s face.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notice of a department related to the 112 Report and the C District Work Site;

1. 채증영상 스크린샷 법령의 적용

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence prevents a police officer from performing his/her duties by taking a bath against a police officer who wears a uniform called out after receiving a report of 112.

The defendant has been punished several times for violent crimes, and the obstruction of performance of official duties needs to be punished for the establishment of national legal order.

However, the sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined by considering the following factors.

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