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(영문) 서울서부지방법원 2020.06.17 2020고단1392
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2020, around 09:17, the Defendant received a notification from the Changcheon Children’s Park in Seodaemun-gu Seoul, Seoul, 5-gil 26, Changcheon Children’s Park, and the Defendant received a notification from the police officer C belonging to the Seoul Seodaemun Police Station B District District as a violation of the Punishment of Minor Offenses Act (mix disturbance) who called out after receiving the notification 112, and carried out a fluoring of the above C’s chest with two losses on the ground that it was difficult for the above C to contain the paper cupped cup which was placed on the floor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes governing a written notification, on-site CCTV CDs;

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;

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

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] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Under the decision of sentence, the sentence is to be imposed in the same manner as the sentence, taking into account all the factors of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime.

[Ligue circumstances] The defendant shows an anti-discrimination in the confession of a crime [fluored circumstances] The defendant's act of assaulting a police officer in the course of performing official duties without any particular reason, and the degree of such assault is not somewhat weak, and there are many criminal records, including the same criminal punishment, against the defendant.

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