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(영문) 서울중앙지방법원 2020.08.11 2020고단1501
공무집행방해
Text

Defendant shall be punished by imprisonment for five months, and 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 01:20 on December 29, 2019, the Defendant reported that the Defendant 112 reported that the Defendant was sleeped in front of the “C” parking lot located in Seocho-gu Seoul Metropolitan Government, and that the sleep, who was using this place, was sleeped.

At around 01:30 on December 29, 2019, the Defendant requested the victim E and one other, a police officer belonging to the Seocho Police Station D police box, who was dispatched to the scene after receiving a report of 112 on the above parking lot, to return home as soon as possible after shaking himself. On the other hand, the Defendant saw the victim as “I am equal to bit bit bit bit bit son, I am equal to bit bit bit, I am equal to bit bit bit, I am.” In addition, the Defendant sawd the victim’s left-out part by hand, and again, she followed it once.

Accordingly, the defendant assaulted the victim and received 112 reports, and interfered with the legitimate execution of duties by the police officer related to the management of the offender.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to reporting CCTV analysis;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under 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 imprisonment.

3. Determination of sentence: It shall be so decided as per Disposition on the grounds of imprisonment with prison labor for not less than five months and suspension of execution;

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