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(영문) 서울중앙지방법원 2020.04.17 2020고단1868
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 March 12, 2020, at around 23:35, the Defendant listened to the horses “C” in front of the restaurant located in Jung-gu Seoul, Seoul, that “I cannot drink alcohol due to drinking time” from the restaurant proprietor, and the circumstances leading up to the D District Unit E of the Seoul Central Police Station called up after receiving 112 report to the effect that “A person is suffering from disturbance while driving a scam,” the Defendant confirmed the on-site situation, after hearing the reporter’s statement, and then the Defendant sent the Defendant out of the above restaurant, sent the above police officer to go home, and then pushed the Defendant into the front part of the police officer’s face, and pushed the above police officer two times more.

Accordingly, the defendant interfered with legitimate execution of duties of police officers regarding the handling of 112 reported cases, protection of people's life, body and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written statement;

1. Report on internal investigation (victim F telephone communications);

1. A report on internal investigation (a CCTV verification at a C cafeteria);

1. A summary of the results of investigation (CCTV video viewing results);

1. Report on internal investigation (verification of CCTV for crime prevention);

1. Application of the Acts and subordinate statutes on CCTV images CDs for method;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] the obstruction of performance of official duties and coercion [the person who has been specially punished] - the mitigation element: In the case of minor degree of assault, intimidation and deception [the scope of the recommended area and the recommended punishment], there is no person who has been sentenced to imprisonment for one month to eight months (the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution] - Where the degree of assault, intimidation and deceptive scheme is minor, there is no person who has been sentenced to a serious radius or a person subject to suspension of execution. 3.

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