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(영문) 서울동부지방법원 2020.05.25 2020고단437

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 8, 2020, at around 20:24, the Defendant, at around 20:24, assaulted Seongdong-gu Seoul Metropolitan Government B apartment Cdong 12, to the slope E belonging to the Seoul Sungdong Police Station D District Unit of the Seoul Sungdong Police Station, who was dispatched to the site after receiving a report of 112 that the Defendant frights in front of the 12th floor C apartment C, and sent to the site, saying, “The Defendant was a criminal suspect for home, for five years, and the year was later reported, and the year was later reported,” and “I will flue the top by fluoring beer,” and assaulted the Defendant, while putting his hand over, to go beyond E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement;

1. Application of the video CD-related Acts and subordinate statutes

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties (special sponsers] - mitigated elements: In cases where the degree of assault and intimidation is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment with labor for one month to eight months [the grounds for suspension of execution] (the grounds for suspension of execution of a general person] - Where the degree of assault and intimidation is minor, the grounds for serious pride: In cases where the degree of assault and intimidation is minor: serious reflectiveness

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;