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(영문) 서울서부지방법원 2020.03.18 2020고단164
공무집행방해
Text

A defendant shall be punished by imprisonment 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 January 11, 2020, the Defendant received a request for returning home from a police officer E, etc. belonging to the Seoul Eunpyeong Police Station D District D District D, a police officer, etc., who was called out after receiving a report that he/she was a drinking person at a singing practice room at Eunpyeong-gu Seoul and the first underground floor “C” around 04:55

The defendant continued to see the defense of the patrol vehicle to the direction of the patrol vehicle, and was prevented from opening the back of the patrol vehicle, and the face of E was scamed with the hand floor, and the defendant was scaming to E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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;

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

1. Scope of punishment by 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. Under the decision of sentence, the sentence shall be rendered in the same manner as the order, taking into account all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

[Ligue circumstances] The defendant shows the appearance against the defendant's confession in committing a crime, and there is no record of criminal punishment against the defendant (unfavorable circumstances). The defendant's act of assaulting a police officer on official duty under the influence of alcohol without any particular reason and the degree of the assault is not weak.

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