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(영문) 서울동부지방법원 2020.04.27 2020고단57

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 November 25, 2019, at around 22:13, 2019, the Defendant received a penalty for bicycle drunk driving in Gangdong-gu Seoul Metropolitan Government C District District District, and was drunk, so that he was drunk, and the Defendant was breadd by a slope D, a police officer belonging to the C District District, demanded to restrain the disturbance and return home, and the Defendant used the face of the said D at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention and investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-siteCCTV verification);

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 to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of recommendations and recommendations] There is no person who has been forced to perform his/her duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months [the general person] - Reduction elements: the state of mental and physical disability (the reason for suspension of execution of sentence): The reason for suspension of execution of sentence - the reason for general pride: the serious reflective nature.

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