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(영문) 서울중앙지방법원 2020.06.16 2019고단7678

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 11, 2019, at around 13:20, the Defendant was under the influence of alcohol at the D main points of the operation of the C in Gwanak-gu, Seoul Special Metropolitan City, and was under the influence of alcohol without any particular reason, and was under the influence of questioning of personal information and the circumstances of the instant case from the police officer F of the Seoul Gwanak-gu Police Station Emba, who was dispatched after receiving 112 report, and assaulted the police officer at the time of his left hand by stating that “this spaws, spaths, spaws,” and that he was under the influence of the police officer at one time.

As a result, the defendant interfered with the legitimate execution of official duties concerning the prevention of crimes by police officers and the protection of people's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The police statement concerning G;

1. A C statement;

1. Application of the 112-report records, 112-related photographs, CCTV-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: It shall be so decided as per Disposition on the grounds of six months of imprisonment and two or more years of suspension of execution;