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(영문) 서울중앙지방법원 2020.11.26 2019고단8774
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 28, 2019, at around 11:15, the Defendant, within Jongno-gu Seoul Metropolitan Government C community service center, c community service centers, takes a vision to many public officials, and took a bath, and the Defendant called D, a social welfare officer belonging to the said community service center, “I reported to the police that he died of his mother on the low-land.” At the time, the Defendant, who was in charge of civil petition affairs, committed assault on several occasions, such as flabbbbbbbbing the left bucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning the welfare of public officials belonging to the community service center.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on internal investigation by the police statement of D, a report on internal investigation (C CCTV of the community service center), and a report on investigation (C CCTV of the C community service center);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence shall be determined as ordered in accordance with the sentencing guidelines, in consideration of the fact that the defendant subject to the decision of sentencing commits assault against the competent officer in the course of performing his/her duties and the nature of the offense is inferior, the circumstance after the defendant was committed is not good due to his/her unknown whereabouts, and other conditions of sentencing, such as the age, character and conduct, environment, etc. of the defendant.

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