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(영문) 서울중앙지방법원 2020.10.06 2020고단4851
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to one year and two months of imprisonment with prison labor at the Seoul Central District Court on September 10, 2019 for the crime of interference with business, etc., and completed the execution of the sentence on June 30, 2020.

【Criminal Facts】

At around 12:50 on July 11, 2020, the Defendant reported 112 on the street in front of the “Ccafeteria” located in Dongjak-gu Seoul Metropolitan Government, and received a request for returning home from the horse E belonging to the seat of the Seoul Dongjak Police Station D Zone D, which called the Defendant, and received twice this end part of the police officer.

Accordingly, the defendant interfered with legitimate execution of duties regarding the handling of the 112 reported case by the police officer, protection of people's lives, bodies, and property, prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The CD of images taken at the scene of the investigation report on the police statement regarding E (related to the attachment of photographs to the damaged body of the victim);

1. Records before and after judgments: Criminal records, etc., inquiry reports, summary of investigation results, judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the special person] increased factors: Aggravation of repeated crimes of the same kind [the scope of recommending area and recommendation] increased area, 1 to 4 years of imprisonment;

2. The Defendant, who had the same power to decide the sentence, has been sentenced to imprisonment once to imprisonment, twice a suspended sentence, and twice a fine, and in particular, even before and after the release of the Defendant, even though the period of repeated crime is still in force, the Defendant has a heavy burden of committing the instant crime.

The police officer did not receive any brupt from the damaged police officer.

In consideration of these circumstances, a sentence shall be imposed on a defendant.

However, the defendant makes a confession of his crime.

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