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(영문) 서울중앙지방법원 2020.05.29 2020고단1402
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2020, at around 22:03, the Defendant received a report on 112 telephone call from the head of Gwanak-gu Police Station D District Police Station affiliated with the Defendant who called out after receiving a 112 telephone report, and received a request from the Defendant to have the Defendant hear the Defendant’s family’s statement within the Defendant’s residence, and used the said E’s chest as a brupt c in both hands.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the 112 Incident.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the police statement of E;

1. Application of video CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

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

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] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. The offense is not good as a case in which a defendant who has sentenced to a sentence assaults a police officer who intends to report domestic violence.

However, although the defendant reflects his mistake, there was no record of punishment for a considerable period of time by 195 due to violence, there was no record of punishment for a considerable period of time thereafter, and there is no record of crime exceeding the fine, planned crime, and the degree of assault against the police officer, the defendant's age, character and conduct, environment, family relationship, health status, motive and circumstance of the crime, motive and method of the crime, and other circumstances shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as the sentence as ordered, comprehensively taking into account the following circumstances.

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