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(영문) 서울북부지방법원 2020.01.08 2019고단4712
공무집행방해등
Text

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

1. On September 29, 2019, the Defendant: (a) 18:00 on September 29, 2019, the Defendant: (b) expressed a bath to the victim D (the age of 43) who had been performing the duties of receiving patients at C Hospital’s office located in Seoul Special Metropolitan City, Nowon-gu, for about twenty (20) minutes of the disturbance, such as she committed noise, she was unable to interfere with the daily treatment of the victim D (the age of 43).

Accordingly, the defendant interfered with the victim's receipt of patient by force.

2. The Defendant, at the same place of 18:30 on the same day and received questioning from the Seoul Labor Relations Commission E District Police Station: F, etc., about the occurrence of the incident, expressed a desire to “finitely, if any, to do so.” and assaulted the breath of F inf.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to criminal place, each investigation report (to hear statements of suspects, victims and witnesses);

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Suspension of Performance of Official Duties) / [Attachment 1] Obstruction of Performance of Official Duties / [Scope of Recommendation and Recommendation] Basic Field of Obstruction of Performance of Official Duties, Six months to one year and six months;

B. Group 2 (Interference with Business) Crimes (Determination of Punishment) and Interference with Business / [Type 1] Interference with Business / [Scope of Recommendation and Recommendation] Basic Field (Scope of Recommendation and Recommendation), Six months to one year and six months.

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