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(영문) 서울남부지방법원 2020.12.09 2020고단3269
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 25, 2020, at around 03:10, the Defendant used a taxi in the front B of Gangseo-gu Seoul Metropolitan Government, and recommended a taxi driver and a taxi driver to pay a taxi fee belonging to the Seoul Gangseo Police Station C District of Seoul Gangseo-gu Police Station and to return home from the police officer after receiving a report of 112 as the problem of taxi charges, and caused the Defendant to go home from the police officer, and caused the Defendant to go home by hand, and the chest part of the chest part of the Defendant’s breast part of the Defendant’s Ha was pushed back and pushed back one stop back and walked one stop of the bridge part.

Accordingly, the slope D, which was adjacent to the sloping, was assaulted by the police officers who walk the right side of the slope D, and walk the sloping part at several times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D, E, and F;

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

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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 / No person who has been forced to perform his/her duties (special person) / her basic area (the scope of recommending area and recommendation), six months to one year and six months;

B. Second Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1) / No person who has been forced to perform his/her duties (special person) (the scope of recommendation field and recommendation range) basic area, six months to one year and six months.

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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