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(영문) 서울중앙지방법원 2020.10.30 2020고단6808
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 20, 2020, the Defendant, at around 16:40 on September 20, 2020, assaulted the victim B (year 54) and the victim’s chest in front of the Seoul Central Police Station that was in the unification of the Seoul Central Police Station 1 at the time of drinking, who did not stick to drinking her house, and her chest, and she frighted the victim’s chest while driving her house at the time of drinking. The Defendant visited the police station directly to the Seoul Police Station in order to cut the victim’s face at one time after making a report.

2. On September 20, 2020, at around 16:45, the Defendant: (a) arrested the Defendant as an offender in the crime of assault, the head of the Seoul Southern Police Station affiliated with the Seoul Southern Northern Police Station, who was dispatched to the scene from the street in front of the Seoul Jung-gu Uniform 1 to the same background as paragraph (1) in front of the Seoul Southern East-gu Uniform 2020; and (b) arrested the Defendant as an offender in the crime of assault: (c) “I am at the same bit of a bit of bitch, bit of a bitch,” “I am back to the bitbbus, and will die of the son’s face.”

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning C and B;

1. Application of the Acts and subordinate statutes related to violence committed by victims B of the written statement;

1. Articles 136(1) and 260(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime, and the choice of imprisonment for the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated to the extent that the maximum term of the above two crimes is added to the punishment heavier than the punishment heavier);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / Non-performance of Official Duties / Non-performance of Official Duties / Non-performance of Official Duties / [Scope of Recommendation and Recommendation] Basic Field / Imprisonment with labor 6 months to 16 months

(b) Determination of the type of second crime;

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