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(영문) 서울서부지방법원 2020.09.09 2020고단1239
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 8, 2020, at around 15:30 on April 15, 2020, the Defendant avoided disturbance on the front of the C community service center located in Eunpyeong-gu Seoul Metropolitan Government on the ground that he was not eligible for a basic pension, and was asked from the local administrative officer D of the civil service welfare team belonging to the above community service center, and the Defendant raised a complaint to the above D, and she took a bath to the said D, stating that he was “I must do so. He must do so. He must do so.” In this case, the Defendant she sawd the ethth of the above D on his hand, and boomed him on several occasions.

As a result, the defendant interfered with the legitimate execution of duties concerning the receipt of basic pension applications and counseling of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the scene of crime, screen pictures, photographs of damaged parts, and copies of public official identification cards;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following grounds for sentencing)

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 [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months, and until August 2008, with the past record of five times a fine for the same kind of crime, such as the obstruction of performance of official duties, shall be considered under extenuating circumstances; (a) the public official has paid and agreed to the amount of damage; (b) the public official has recognized the crime; and (c) the public official has taken the attitude of defining the wrongness by finding the disturbance several times in the Dong office that received the disturbance; and (d) the fact that the health is not good should be considered under extenuating circumstances.

Other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the age, character and conduct, career, the details and motive of the offense, degree of assault, circumstances after the offense, and the possibility of recidivism, shall be considered.

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