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(영문) 서울남부지방법원 2020.06.17 2020고단160
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

Around 05:36 January 4, 2020, the Defendant was on the street in front of the “C” located in Gangseo-gu Seoul Metropolitan Government, and was not paying KRW 11,000 of the taxi fare after getting on and off the taxi, and solicited the Defendant to pay the taxi fare and return to the taxi by having been dispatched to the site by the police officer, who was a police officer belonging to the D Zone, after receiving a 112 report, who was a police officer belonging to the D Zone, and was sitting in the taxi.

(h) today's death and met;

In accordance with the principle of "Neman" and "Neman" as the police, the body of the above E was tightly sealed, boomed with flaps, and flapsed with flaps, etc.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the above E- 112 Report Handling Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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: 6 months of imprisonment with prison labor, 2 years of suspended sentence: The crime of obstruction of performance of official duties is a crime that interferes with the legitimate exercise of public authority and thus undermines the function of the State, and thus requires strict punishment; the circumstances favorable to the fact that the injured police officer did not receive a letter from the police officer: The defendant's unfortunate circumstances and the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all the sentencing conditions stated in the arguments and records of this case, including the circumstances after the crime, are considered as ordered.

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