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(영문) 서울남부지방법원 2020.06.29 2019고단5696
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

At around 15:40 on October 30, 2019, the Defendant assaulted the instant Category D by means of cutting off the said Category D in its arms, on the ground that the horse D (the age of 25) belonging to the Yeongdeungpo-gu Police Station called up after receiving a report of 112 from the time he was working in Yeongdeungpo-gu Seoul Metropolitan City due to its business owner and the drinking value. On the ground that the horse D (the age of 25) of the Yeongdeungpo-gu Police Station called up after receiving a report of 112 due to the said business owner’s and drinking value.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/performance of duties [the scope of recommendations and recommendations], the basic area of recommendation [the scope of recommendations and recommendations], six months to one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months is committed against the instant crime; however, on August 22, 2017, the Suwon District Court sentenced four months to imprisonment with prison labor for the instant crime and one year of suspended sentence to imprisonment with prison labor on several occasions for violent crimes, including violence committed by the Suwon District Court, and did not know even though there was the enemy who was sentenced to suspended sentence, suspended execution, and fine. The crime of obstruction of performance of official duties is committed against the instant crime. The crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the State’s function by hindering the exercise of legitimate public authority, and the crime of obstruction of performance of official duties does not receive a letter from the victimized police officer, and it is inevitable to sentence the Defendant’s age, character and behavior, environment, motive

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