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(영문) 서울중앙지방법원 2020.08.13 2020고단2697

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 5, 2020, the Defendant assaulted the face of Jongno-gu Seoul, Jongno-gu, Seoul at around 21:38 at the front of Jongno-gu, Seoul, for the following reasons: (a) the Defendant was requested to present an identification card by the Dman belonging to the Sejong Police Station C District Unit of the Sejong Police Station who was called up after receiving a report of 112 telephone call; (b) the Defendant was called up with the Defendant at once on the face of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to one on-site CCTV CDs;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 136(1) of the Criminal Act applicable to the relevant criminal facts;

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: In light of the fact that the defendant in June has been sentenced several times to obstruction of performance of official duties, attitude in the investigation process, etc. of the defendant, and commits the crime of this case while he is tried separately, punishment shall be determined, considering the possibility of recidivism, the degree of other tangible records that the defendant has exercised, other circumstances constituting the conditions for sentencing appearing in the records and arguments of this case, including the defendant's age, character and conduct, intelligence and environment, and circumstances after the crime, etc.