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(영문) 서울중앙지방법원 2020.01.10 2019고단5608
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. On June 1, 2019, at around 08:18, Defendant A, while drinking alcohol together with B at “Dcafeteria” located in Jongno-gu Seoul Metropolitan Government, the Defendant was urged to refrain from engaging in a disturbance and return home from F, who was dispatched to the site after receiving a report of 112 from the police officer belonging to the Seoul Sejong Police Station Emba, who was called to the site, and was forced to stop the disturbance and return home, and then, the Defendant was able to cut down the F’s title one time at the right hand from the upper right hand of the “D restaurant” on the road of the above “D restaurant,” and the Defendant continued to attract the Defendant to return home, and threatened the face of G with the finger hand.

Accordingly, the Defendant interfered with the legitimate execution of duties related to G, F, etc. 112 reported duties.

2. When Defendant B was arrested by the above G, F, etc. as a flagrant offender under the suspicion of obstruction of performance of official duties by Defendant B, at the time and place mentioned in paragraph (1), the Defendant committed assault, such as inducing the left shoulder of G by hand and body.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of flagrant offenders G and F.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. Application of investigation reports ( cellular phone pictures submitted by field police officers), photographs, and CD-related Acts and subordinate statutes;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months.

3. The defendants' act of obstructing the execution of official duties by police officers who wear their uniform under the influence of alcohol is not against the punishment for such crime.

However, the defendants recognized the crimes and erred.

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