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(영문) 서울남부지방법원 2020.06.29 2020고단120

공무집행방해

Text

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

except that 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

The Defendant, under the influence of alcohol around 13:50 on December 7, 2019, entered the Seoul Yeongdeungpo-gu Seoul Metropolitan Police Station C District, and demanded D, etc., a police officer, who is working at the Seoul Yeongdeungpo-gu Seoul Metropolitan Government District, to “B was hospitalized at a hospital, and was hospitalized at a hospital, and other people were working by stealing his name.” The Defendant demanded D, etc. to be called “I am aware of whether it is a person who is a person who is suffering from the Chinese police.” Although D, etc. notified the Chinese Embassy through the Chinese Embassy, it was so large that D, etc., but the police officer was found.

C. T. T. T. T. P., P. T. E. E. H.

I am. I am today dead.

"I ambling "," and assaulted D's left side by hand, citing the physical problem that D solicited him to return home.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, conditions unfavorable to a suspended sentence for two years: The fact that the Daejeon District Court was sentenced to a fine of 700,000 won for the crime of bodily injury in its branch court of the Daejeon District Court on January 13, 2010, the crime of obstruction of performance of official duties requires strict punishment as a crime that interferes with the legitimate exercise of public authority, and the crime of obstruction of performance of official duties is a crime that undermines the function of the State, and the circumstances favorable to the fact that the damaged police officer did not receive a letter from the police officer are against the defendant: the above circumstances and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and