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(영문) 서울북부지방법원 2020.11.26 2020고단3582
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Around July 29, 2020, the Defendant was under the influence of alcohol on the road in front of the “C” located in the Jung-gu Seoul Metropolitan Government, and was under the influence of alcohol on the road, and the Defendant reported 112 to the effect that “I will repeat that two persons are used for the road, repeated, and likely to pose a risk to the side of the roadway,” and then recommended him to return home, etc., and handled the reported case. Accordingly, the Defendant used the “B Police Station” to the Assistant Assistants of the Seoul Central Franc Police Station D District in Seoul, which was in charge of handling the reported case, to “I must go to go to the police station.” As such, the Defendant, at one time by hand, abused the trees of the said slope by hand once, and then pushed him into his hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of police officers damaged by the protocol of statement of E;

1. Application of Acts and subordinate statutes to investigation reports (the 112 Reporting List) and investigation reports on the 112 Reporting List of Reporting Cases (the F relative telephone conversations for Witnesses);

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

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. Determination of sentence: A sentence of imprisonment with prison labor for six months and suspension of execution for two years, and the nature of the crime in this case is not less severe in light of the law and the result of the crime in this case, and the police officer who suffered damage still wanting to punish the defendant, and the defendant has a high record of being punished for the same kind of violence in the past.

On the other hand, on the other hand, the defendant divided and reflected the crime of this case.

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