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(영문) 서울중앙지방법원 2020.04.21 2019고단8135

공무집행방해

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2019, at around 02:20, the Defendant received 112 report from the 111st Station of the 20 subway station in Seocho-gu, Seoul, in front of the 111st Station of the 20 subway station, and obstructed the legitimate performance of official duties by the police officer, in consideration of the following: (a) the Defendant, a police officer, who called the victim B, who was a police officer, who was called the victim B, arrived at the scene and gets out of the back of the taxi (C) and gets out of the taxi (C) by taking the victim’s back at the back of the taxi (C).

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to on-site investigations and CCTV investigation reports;

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) 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 punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, suspended execution for three years, and social service defendants reflect the recognition of all of the crimes in this case;

This case is an contingent crime committed by the defendant to the extent that the defendant is unable to properly hold his body, but it is decided as per the order by comprehensively taking into account all the circumstances, such as the fact that the defendant has the same kind of punishment.