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(영문) 서울서부지방법원 2020.07.22 2020고단1725
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 30, 2020, at around 23:06, the Defendant: (a) requested a disturbance under the influence of alcohol before a restaurant located in Eunpyeong-gu Seoul, Seoul to return home from E at the seat of the D District District of Eunpyeong Police Station D, Seoul, which was called “this e-mailbow”; and (b) obstructed police officers’ legitimate performance of duties concerning the handling of reports by 112, with the face of the above E on one hand, with the face of her face as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographed images upon a suspect's crime);

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Determination of sentence (fluoral circumstances) is deemed to have committed contingent crimes under the influence of alcohol;

The mistake is recognized and reflected.

【Unjustifiable circumstances】 The police officer assaulted him/her.

There is a history of criminal punishment, such as suspended sentence of imprisonment.

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