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(영문) 서울서부지방법원 2020.08.12 2020고단1256
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 4, 2020, the Defendant assaulted the victim D (V, 34 years of age) one time by drinking at the station located in the C Bank’s calendar branch located in the Eunpyeong-gu Seoul Metropolitan Government B B, and without any reason, at the victim D (V, and 34 years of age).

2. On March 4, 2020, around 15:15, the Defendant: (a) committed an assault to the right hand hand hand of the said F on the back side of the building of the Cbank as indicated in paragraph (1); and (b) during the process of arresting and consecutively committing an act in the act of committing a crime by arresting the police officer F of the police box belonging to the Seoul Bupyeong Police Station Emba, Seoul, upon receiving 112 report as the above assault.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes on diagnostic certificates, standing photographs, and CCTV screen images CDs in the place of occurrence;

1. Relevant provisions of the Criminal Act and Articles 260(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in light of probation, medical treatment order, main sentence of Article 62-2 (1) and (2) of the Criminal Act, subparagraph 2 of Article 2-3 and Article 44-2 (1), (2), and the main sentence of Article 44-2 (3) of the Medical Treatment and Custody, etc. Act (in full view of the evidence on the market and all the circumstances shown in the trial of this case, the defendant is deemed to have a risk of repeating a crime if he/she does not receive medical treatment)

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 of obstruction of the performance of official duties (determination of the type of obstruction of the performance of official duties) (Article 1). The basic area of obstruction of the performance of official duties/performance of official duties (Article 1).

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