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(영문) 서울중앙지방법원 2020.05.07 2020고단669

공무집행방해등

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

1. On December 20, 2019, the Defendant: (a) during dispute with D, a workplace partner in the front of the Gangnam-gu Seoul Gangnam-gu Seoul Family on December 21:3, 2019; (b) sold the franchis of the vehicle owned by E, which was parked adjacent to B, and the victim F (31 years old) who was a witness of E (31 years old) was driving away from the Defendant; and (c) as the victim F (F) who was a driver of the said E (31 years old) was trying to drive away from the Defendant, the Defendant was taking the victim’s walk from the victim’s inside and outside of the house by drinking, and was franchising the victim for approximately two weeks of treatment.

2. On the same day as the preceding paragraph 21:50 day of the performance of official duties, the Defendant: (a) committed an assault, such as driving away of the Defendant, driving away away from the H Zone I belonging to the Seoul Western Police Station, and walking away from the H Zone I at the site after receiving 112 reports in front of the Gangnam-gu Seoul G Building; and (b) obstructed the police officer’s legitimate performance of duties on the duty of 112 reports and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to J and I;

1. The police statement of the F (including the injury diagnosis certificate);

1. Application of Acts and subordinate statutes to report on investigation (Attachment to CCTV images, etc. for crime prevention);

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) A reduction element of a general injury [Type 1] general injury (a special person) (a special person) resulting in a crime referred to in Article 2 (Bodily Injury) (a determination of types): to recover damage resulting from failure to punish.