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(영문) 서울중앙지방법원 2020.04.03 2020고단490
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

On December 31, 2019, at around 03:15, the Defendant: (a) stated that “the Defendant interfered with business without paying a taxi fee” in front of the Dakdong-ro 180-1, Gwanak-gu, Seoul Special Metropolitan City Dakdong 180-1, on the ground that the police officer, who received 112 and received the 112 report, would not take the horse, “I wish to do so. I wish to do so. I wish to do so. I must do so. I need to do so, I must do so, that I must do so, that, “I must do so, I must do it immediately, and that I will do so, that I will take one time with the left hand, and followed C’s performance of official duties by assaulting a police officer in the course of performing official duties by harming C in the following manner.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. A taxi charge receipt;

1. Application of Acts and subordinate statutes to notify departments reporting 112 Incident;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

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 [the decision of types] the obstruction of performance of official duties and coercion of duties [the person in special form] - mitigated elements: In cases where the degree of assault, intimidation and deception is minor, [the scope of the recommended area and the punishment of recommendation] mitigation area, there is no person who has been sentenced to imprisonment with labor for one to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] - Where the degree of assault, intimidation and deceptive scheme is minor, the grounds for general pride are clear, serious reflections, and there is no criminal record of suspension of execution or more.

3. Determination of sentence: The defendant for four months of imprisonment or two years of suspended sentence has a record of criminal punishment several times for committing an assault-related crime, and the risk of recidivism is also likely to occur due to symptoms of memory, loss of memory, aggressiveness, etc. after drinking;

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