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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On May 23, 2019, the injured Defendant, at the “C” house located in Eunpyeong-gu Seoul Metropolitan Government on May 22 and 30, 2019, was injured by the victim, who was able to take a bath from the victim who was a company partner D (the age of 32) while drinking alcohol with the victim D(the age of 32) who was engaged in his/her duties, and was able to take twice the victim’s face, she was able to undergo approximately 28-day medical treatment.
2. 공무집행방해 피고인은 2019. 8. 15. 00:20경 서울 종로구 E 앞길에서, F과 시비를 하다가 112 신고를 받고 출동한 서울종로경찰서 G 지구대 소속 H으로부터 귀가 요청을 받자, 위 경찰관에게 “차라리 돈을 내고 줘 패고 싶다, 차라리 그냥 깜방에 가고 줘 패고 싶다”라고 말하며, 손으로 위 경찰관의 목덜미를 수회 잡아당겼다.
Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the protection of the lives, bodies, and property of the people.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and H;
1. A medical certificate of injury, or photograph of injured part;
1. The application of Acts and subordinate statutes to one CD copy of the victim H submitted video, as a result of the reproduction viewing;
1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) A primary crime (influence of types) (influence of injury) (influence of types), a general injury [Type 1] general injury (Special Aggravation of Punishment): a serious injury (type 1, 4): an aggravated area (influence of recommendations and the scope of recommendations) (influence of punishment), six months to two years;
B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) [Article 1] The obstruction of the performance of official duties/performance of official duties [Article 1] and there is no person who has been forced to perform official duties [the scope of recommendation area and recommendation range].