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(영문) 서울남부지방법원 2020.11.11 2020고단2665

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 02:20 on May 17, 2020, the Defendant voluntarily acted by the police officer D belonging to the Seoul Yeongdeungpo-gu Police Station C District, Yeongdeungpo-gu Seoul and the Seoul Yeongdeungpo-gu Police Station C District of the same day after receiving the report of 112 as the Defendant’s assault case, and then received a request for the preparation of voluntary movement consent from the above police officer D of the Seoul Young-gu Police Station C District of the Seoul Young-gu Police Station, which was called “I am, I am, I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police officer's statement of D to the 112 Reporting Report List photographic Act;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months, the period of suspension of execution for two years disadvantageous to the defendant: The number of fines can be imposed on the defendant for the same type of crime, and one time a fine is imposed on the same kind of crime, and the crime of obstruction of performance of official duties is a crime that interferes with the legitimate exercise of public authority and thus causes severe punishment as a crime that undermines the function of the State: it is against the above-mentioned circumstances: The sentence shall be determined as ordered in consideration of all the circumstances and the sentencing conditions indicated in the arguments and records of the case, including the circumstances that the defendant was not flu