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(영문) 서울남부지방법원 2020.05.07 2019고단3078
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 June 6, 2019, the Defendant: (a) committed assault on the street in front of Geumcheon-gu Seoul Metropolitan Government apartment apartment Cdong; (b) under the influence of alcohol, the victim D, E, and demanded the victims to get out of the vehicle parked therein; (c) the victim D’s shoulder and part of the shoulder; (d) the victim D’s shoulder and part of the shoulder; and (e) the victim E’s mouth was frighted to the victim E by her loss.

2. On June 6, 2019, the Defendant: (a) 112 reported calls at the places indicated in the foregoing paragraph 1. On June 6, 2019; (b) and (c) sent by the police, who was arrested as a flagrant offender in the crime of assault by G during the police box affiliated with the Seoul Geumcheon Police Station Fab, Seoul, which was called by G, and requested the Defendant to board the patrol vehicle, and assaulted the said G sats by her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to photographs of dispatched police officers;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of each assault and choice of each imprisonment);

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

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

B. The second crime (determination of types of assault) is a violent crime [Article 1] and there is no general assault [Article 1] [Article 1] [Article 2(1) [Article 2(2) of the Criminal Procedure Act [Article 2(1) of the same Act].]

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