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(영문) 서울중앙지방법원 2020.04.24 2020고단400

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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 September 29, 2019, the Defendant received 112 reports in front of the Defendant in Gwanak-gu in Seoul Special Metropolitan City on September 21:17, 2019, and asked the Defendant to find out the Defendant who was under the influence of alcohol, and request the Defendant to move on the roadway, and then he wanted to do so. The Defendant, on his own hand, carried the body of the victim E, who is a police officer, pushed off the back, pushed the Defendant, pushed the Defendant’s body with the back, pushed the Defendant, and pushed the Defendant, without any need to do so in order to avoid the paralysis with the Defendant under the influence of alcohol, and the Defendant shall return to F, “On his own, she shall do so by driving a knife knife, knife, knife, knife, knife, and knife knife knife knife knife knife knif.”

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers related to the protection of people's lives, bodies, and property, prevention and suppression of crimes, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of G and H;

1. Investigation report (field image analysis);

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as follows):

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 punishment according to the sentencing guidelines [the type of the obstruction of the performance of official duties] The obstruction of the performance of official duties or coercion of official duties [the type 1] shall not be imposed.