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(영문) 서울중앙지방법원 2020.02.12 2019고단8022
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 11, 2019, around 19:55, the Defendant: (a) at the window dressing house of “C” located in Seocho-gu Seoul Metropolitan Government Seocho-gu; (b) at the victim’s cell phone with E and telephone with his own seat from “C”; and (c) at the victim’s cell phone, the Defendant broken down the victim’s cell phone with the content of the screen by putting the victim’s cell phone on its floor.

Accordingly, the defendant damaged the mobile phone equivalent to KRW 800,000 at the market price owned by the victim by impairing its utility.

2. On October 11, 2019, the Defendant was performing the foregoing E and body fighting in front of the Seocho-gu Seoul, Seocho-gu Seoul. On October 20, 2019, the Defendant took a bath to the police box of Seoul Seocho-gu, Seoul, and received H check by the police officer assigned to the scene after receiving 112 reports, and she took a bath to the police officer assigned to the scene, and she carried out the above H’s neck by her hand at one time, and pushed the chest.

As a result, the defendant assaulted the above H and interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

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

1. Application of the sentencing criteria;

(a) Type 1 of the Obstruction of Performance of Official Duties (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of Recommendation), the basic area (6 months to 1 year and 6 months) (no special person)

(b) Where the mitigation area (i.e., a month or June) (ii) mitigation area (including a special mitigation), a penalty not to be imposed (including a serious effort to recover damage), or a significant damage has been recovered, from a mitigation area (i.e., a damage or destruction of property), which is the general standard of crimes (Scope of a recommendation).

C. The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 September 1.

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