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(영문) 서울북부지방법원 2020.05.14 2019고단5085
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 18:00 on November 5, 2019, the Defendant received 112 report from 300 (finite-dong), as Dongdaemun-gu, Seoul, Dongdaemun-gu, 7, stating that “I wish to take care of, and know about, taxi articles,” and received a credit card from a slope C belonging to the Seoul East-gu Police Station B district, Seoul, and received an action to take care of, and take care of, a taxi engineer, and attempted to take care of, the taxi articles.” The Defendant expressed the attitude that I want to take care of the above C at two times, including “I am, Ha, Ha, Ha, Had, Had, Had, Had, Had, Had, Had, Had, Had, Had Had, Had Had, Had Had Had Had Had Had Had Had Had Had Had Had am.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victims);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

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

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] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for eight months, suspension of execution for two years, and the violation of the law and the result of the crime of this case, which are disadvantageous to the nature of the crime, and the defendant has been punished by imprisonment with prison labor or a suspended execution for the same kind of crime, obstruction of performance of official duties, etc. in the past.

(b).

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