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(영문) 서울북부지방법원 2020.06.11 2020고단985

공무집행방해

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

At around 21:00 on February 29, 2020, the Defendant: (a) under the influence of alcohol, she was under the influence of alcohol, and the said convenience store employee reported the 112 report from the said convenience store staff to “I am out of the house, I am out of the city,” and recommended the Defendant to return home, etc.; and (b) the Defendant assaulted the E police officer belonging to the Seoul Gangseo-gu Seoul Metropolitan Police Station D District District of Seoul, which dealt with the reported case, on the following grounds: (c) 112 report from the said convenience store staff to “I am out of the city, I am out of the city, I am the back part of the back trial of the said policeman on one occasion.”

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Report of investigation (Analysis of CCTVs at the scene of crime, confirmation of the scene of crime), and application of statutes governing the list of 112 Reporting Cases;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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] 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: A sentence of imprisonment with prison labor for six months and suspended execution for two years; the nature of the crime in this case is not weak in light of the method and result of the crime in this case; the police officer who suffered damage wishes to punish the defendant; and the defendant has been punished by a fine or imprisonment with prison labor for the same kind of violent crime in the past.

On the other hand, however, there are favorable circumstances such as the confession of the instant crime and the reflection of depth of the Defendant.