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(영문) 서울중앙지방법원 2020.06.11 2020고단2460

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five 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 March 14, 2020, at around 21:30, the Defendant: (a) received 112 report in front of the bus stops in Seocho-gu Seoul, Seocho-gu, 220-2, that “the bus stops in the 220-2,” and “the male guest is a personal taxi engineer,” and (b) confirmed the on-site situation by C of the police box in Seocho-gu Seoul, Seocho-gu, Seoul, Police Station B, which was called up; (c) after hearing the reporter’s statement, the Defendant recommended the Defendant to return home; and (d) expressed the above police officer “this rings, spacks, spacks,” and (e) taken off the scke of the police officer, and then taken twice the scke part of the chest and twice the scke part.

Accordingly, the defendant interfered with legitimate execution of duties of police officers such as handling 112 reported cases, protecting people's lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Written statements of D;

1. A copy of the 112 reported case management table, receipts, and public official identification card;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Determination of sentence: Imprisonment with prison labor for five months, or for two years disadvantageous to a suspended sentence: It cannot be deemed that the nature of the crime is good, and there is no exaggeration about the police officer who suffered the loss;

The lower limit of the sentencing criteria was somewhat deserted and the principal punishment was set in consideration of the fact that the confession is made and it is against the law, and there is no record of punishment for the same kind of crime.