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(영문) 서울북부지방법원 2020.06.11 2019고단331
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2017, the Defendant was sentenced to eight months of imprisonment for the obstruction of performance of official duties by the Seoul Northern District Court, and completed the execution of the sentence at the Seoul Eastern Detention Center on April 28, 2018.

【Criminal Facts】

On September 15, 2018, the Defendant: (a) reported on September 22 and 03, 2018, that “The Defendant sold Does and alcoholic beverages” on the 2nd floor of the Jung-gu Seoul Central Government Office D Zone D District, Seoul Central Government Police Station, and reported that “A and the above E, without any justifiable reason, have opened a door for singing singing out by police officers, E, F, and G belonging to the D Zone D District of the Seoul Central Government Police Station; and (b) stated that “A and the above E, i.e., whether a police officer would have come to go to go to go to the sing door, i.e., if you are to go to go to go to the sing door, and continuously pushed the above F’s police bom to go to the above F, and caused the said G’s body to go to stop one’s own action from the said G.

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

Summary of Evidence

1. Each police statement of the E, F, and G;

1. A photograph of crime, a mobile phone photograph, and a video CD;

1. 112 case handling table;

1. Previous convictions: Criminal references, investigation reports (the period of repeated crimes of the accused and confirmation of the same kind of records), personal confinement status, application of statutes of the judgment;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

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

2. Aggravation elements of the obstruction of performance of official duties [Type 1]/ Forced performance of official duties [Special Aggravation] according to the sentencing guidelines: Where there are many public officials who have suffered damage, the areas of the recommendation and the scope of the recommendation] special aggravation area, and one to six years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for one year and the nature of a crime in light of methods and results, etc. of each of the crimes in this case;

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