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(영문) 서울서부지방법원 2021.03.10 2020고단3542
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2020, at around 21:10, the Defendant reported to the effect that “D” points of the operation of Eunpyeong-gu Seoul operated “D”, and sent a call at around 112, Seoul, upon receipt of a report, the Defendant: (a) ranced the part of the above F’s left part of the Defendant’s drinking at one time as the Defendant’s drinking, and (b) rancing the floor of the said F’s cell line on the patrol car; (c) 1:21:10 on July 31, 2020, the Defendant sawd the Defendant at one time as the Defendant’s drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing the video of police officers called out, such as a written statement (C) and a receipt of the drinking value, notification to the department related to the report of the 112 case, the post of a police box, CCTV at the scene of the case, CCTV image, investigation report (victim C’s hearing, etc.), the net 31 black 31

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

1. Article 62(1) of the Criminal Act (see, e.g., "the grounds for sentencing")

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of official duties on the grounds of [the Class 1] interference with the performance of official duties or coercion of duties [the scope of the recommended and recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and six months, and around November 2014, a driver under the influence of an order to attend a lecture was taken as the date of assaulting the driver under the influence of alcohol, and no proper effort has been made to stop drinking or undergo treatment, etc. even though he/she had a record of the suspension of indictment, etc., and the degree of interference with official duties as a result of the assault in this case and the order to attend a lecture is less severe;

The crime cannot be seen under the unfavorable circumstances.

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