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(영문) 서울동부지방법원 2020.04.24 2020고단174

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

At around 02:40 on December 7, 2019, the Defendant assaulted the face of the above E on one occasion by drinking, on the ground that the circumstance belonging to the D Zone of the Seoul Seongdong Police Station, which was called out after receiving a report of 112 that “any person drinks from the floor of drinking alcohol,” and that he was broken the Defendant who is under the influence of alcohol on the floor of convenience stores.

As a result, the Defendant interfered with the legitimate execution of duties of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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;

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. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor, and one year of suspended sentence for the crime of this case which is disadvantageous to the defendant, is not good for the crime to be committed in the state of being committed by the police in the state of being committed, and has the same criminal records generated by similar circumstances to the defendant;

It is difficult to view that the degree of assault exercised by the defendant is more severe.

- The defendant is against the defendant and received a letter from the victim.

- There is no fact that the defendant has been punished beyond a fine.

In addition, the sentencing was determined as ordered in consideration of all the circumstances shown in the arguments of this case, such as the age, character and conduct, environment, family relationship, and circumstances after the crime.