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(영문) 서울남부지방법원 2020.10.21 2020고단3709
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 5, 2020, at around 03:32, the Defendant called up with 112 reports due to domestic violence in the building B of Gangseo-gu Seoul Metropolitan Government, and confirmed the facts, and received a document of notification of false nomination from E, a police officer belonging to the Seoul Gangseo Police Station D District D District D District D District D District, and the police officer of the police officer, who was aware of the facts, committed assault by the Defendant, without any justifiable reason, by making the face of the police officer's face one time in his hand in his/her hand, and by continuing to do so in his/her hand.

Accordingly, the defendant interfered with police officers' performance of duties on the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the 112 Reporting Report Processing Statements in respective E and F statements;

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

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties (special person) / her basic area (the scope of recommending area and recommendation), six months to one year and six months;

B. Second Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1) / No person who has been forced to perform his/her duties (special person) (the scope of recommendation field and recommendation range) basic area, six months to one year and six months.

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to two years (the maximum of crimes No. 2).

3. Determination of sentence: Six months of imprisonment, and conditions unfavorable to the suspension of execution: One time of a fine for a crime committed against this type of crime, one time of a suspended execution, and the same shall apply to the obstruction of performance of official duties;

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