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(영문) 서울동부지방법원 2020.06.23 2020고단501

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On January 28, 2020, at around 05:32, the Defendant: (a) stated that in the Songpa-gu Seoul Metropolitan Government B Building C, “a fighting fighting fighting fighting fighting fighting fighting fighting between siblings” was completed; (b) stated that the police officer belonging to the Song-gu Police Station D District District District D, called “Ivoking fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting she was sent,” and expressed that the police officer called “I spice spice, spice, fring fry, fring fring bitch,” she expressed that “I

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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 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] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendations] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and the punishment of recommendations], the basic area of imprisonment with labor for six months to one year and six months [the general person who has been sentenced to suspension of execution] - The grounds for suspension of execution of general pride

3. Determination of sentence: The crime of this case with six months of imprisonment and two years of suspended sentence is an unfavorable circumstance, such as that the defendant interfered with the performance of official duties by means of abusiveing, assaulting, etc. to police officers who perform legitimate official duties, and the nature of the crime is not good, and that the defendant again committed the crime of this case even though he had been punished twice due to the crime such as bodily injury, etc.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflects his mistake, and that the degree of damage suffered by the defendant's assault is not much serious.

Defendant. Other defendant.