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(영문) 서울서부지방법원 2020.03.20 2020고단220
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 18:30 on December 1, 2019, the Defendant: (a) at Smarket located in Mapo-gu Seoul, and under the influence of alcohol, D, a police officer affiliated with the Mapo Police Station C commander of the Mapo Police Station, sent out after receiving a report 112, tried D to correct the interesting Defendant by identifying the background of the disturbance against the Defendant and the Defendant’s wife; and (b) assault D’s chest by her hand three times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field photographs and video CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1] the obstruction of performance of official duties/performance of duties (special sponsor): Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended punishment), mitigation area, and one month to eight months of imprisonment;

2. Determination of sentence (fluoral circumstances) is a crime that has committed contingently under the influence of alcohol, and the degree of assault is not serious;

Recognizing and opposing his mistake.

【Unjustifiable circumstances】 Afford a police officer on duty.

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