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(영문) 서울북부지방법원 2019.11.27 2019고단3858
공무집행방해
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on September 4, 2019, the Defendant found the Defendant to cross the road without permission at the front of the Seongbuk-gu Seoul Metropolitan Government “C Bank”, and received a penalty payment notification from E by a police officer affiliated with DD of Seoul Apam Police Station, and took the Defendant’s body, and interfered with the police officer’s legitimate performance of duties concerning the crackdown on pedestrian violations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of penalty payment notice statutes; and

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;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties: [No. 1] the obstruction of the performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the nature of the crime is not good, such as exercising abusive and violent violence against a police officer who is performing official duties in the decision-making process; (b) the fact that the error caused by the crime of this case is recognized and reflected; and (c) the age, character and conduct, environment, motive and means of the crime; and

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