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(영문) 서울동부지방법원 2020.02.14 2019고단3542
공무집행방해등
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

1. On October 26, 2019, the Defendant: (a) around 03:05 on October 26, 2019, at the restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) obstructed the Defendant’s performance of official duties by drinking alcohol and drinking the customers without any justifiable reason; (c) obstructed the Defendant’s chest, who was called out after receiving the report of 112; and (d) obstructed the Defendant’s escape from the slope belonging to the Seoul Songpa-gu Police Station C District; and (c) was demanded to identify the Defendant who driven the Defendant before Songpa-gu, Songpa-gu.

Accordingly, the defendant assaulted police officers to interfere with the receipt and processing of 112 reports and legitimate execution of public duties on the maintenance of public order.

2. At around 03:17 the same day, the Defendant damaged public objects, while arrested a flagrant offender under suspicion of obstruction of performance of official duties, etc. in front of the rain-distance Park, Songpa-gu, Seoul, Songpa-gu, in order to conduct the patrol as a fluor, he laid off the patrol vehicle in order to stop the patrol vehicle, and broken off the partitions behind the driver’s seat with his hand.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Each investigation report (No. 7, 10 through 12 No. 7);

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to each photograph, CCTV image data, CCTV, track records, and cell phone image data;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Decision of Suspension of Performance of Official Duties) / [Class 1] Obstruction of Performance of Official Duties / No person forced to perform his/her duties (special person) (the scope of recommendation area and recommendation range) / Basic area, 6 months to 16 months.

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