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(영문) 서울중앙지방법원 2019.01.21 2018고단6850
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant tried to illegally cross the vehicle in front of Jongno-gu C cafeteria, which is located in Jongno-gu, and committed assault, such as the opening of the Party E, on the ground that E, working for the traffic control service, attempted to stop the vehicle in front of Jongno-gu C cafeteria, and, on the ground that E, working for the Seoul Solar Police Station D, in charge of traffic control, failed to regulate the violation of parking and stopping regulations.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to E by the police;

1. Epic fac facopic photo, fac facopic CDs;

1. Application of Acts and subordinate statutes to witness statements;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended sentence based on the sentencing guidelines: Where the degree of violence, intimidation, deceptive scheme, or obstruction of public duty is insignificant, the mitigation area (one month to eight months) of the reduction area (special mitigation) of the punishment of imprisonment between one month and eight months (the scope of recommending punishment).

3. Determination of sentence: The defendant was sentenced to six months of imprisonment with prison labor for not controlling the violation of parking and stopping regulations when he was forced to stop the crossing from the victim who had performed his lawful duties such as traffic guidance, etc., and was sentenced to the victim's chest on several occasions, and the victim continued to interfere with the victim's performance of duties, while continuing to interfere with the victim's duty even though the victim was notified several times that he would return to the match, and went beyond the victim's uniform, and removed the rank insignia attached to the victim's uniform, and deducted the victim's head.

Due to such series of crimes, social costs have been wasted, such as mobilization of several police manpower.

The defendant has a career of being punished for a suspended sentence of imprisonment for the same crime, and is also punished.

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