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(영문) 서울서부지방법원 2020.09.09 2020고단1604
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 21, 2020, at around 23:40, the Defendant returned home from D police officers belonging to the Seoul Mapo Police Station C District of Seoul Mapo Police Station, who received a report of 112 to assault customers, and called up on May 21, 202.

In order to receive the audience, "Chos, saws, I will be a public official of the Republic of Korea, I will leave D with the body and hand of the defendant about about 20 minutes, and D will leave D's work uniforms entered into D'.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field documentary evidence CDs and investigation reports (the grounds why the victim of the assault did not receive the case and the report on the use of equipment);

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 (see, e.g., “the grounds for suspended sentence”)

1. Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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] the obstruction of the performance of official duties: [No. 1] the obstruction of the performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months.

3. Determination of sentence: A sentence of imprisonment with labor for more than ten months was imposed on three occasions for violent crimes, and a fine was imposed on or around January 2017, and around August 2017, which was investigated by assault, etc., and was committed on or around August 2017, which did not overcome the problem of drinking, such as frequent drinking, even though he was under medical treatment, is disadvantageous. In light of the unfavorable circumstances, the fact that the victim police officer recognized the crime and attempted to kill the police station at which the victim police officer works in this case, which did not have any criminal records exceeding the fine, the fact that there was no criminal records beyond the fine, and that the disease of depression that has been suffering for a long period of time was affected by the crime, and that the disease has been continuously treated is more favorable.

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