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(영문) 서울북부지방법원 2020.12.23 2020고단3126
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On April 28, 2020, around 21:46, the Defendant committed an assault against the Defendant, such as, in front of the exit of 338 hydro Station No. 7, Gangnam-gu, Seoul, Dobong-gu, the Defendant calculated taxi expenses from C by the police box affiliated with the police box of the Seoul Gangseo-gu Police Station B, which called “A” and called “A” after receiving the report of 112 by a taxi engineer, and when the Defendant sawed C’s chest with 2-3 tight hand, the Defendant stroke, boomed C’s chest.

Accordingly, the Defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of DNA statutes on camping images;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties (category 1] and no person who has been engaged in the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months or suspension of execution for two years, a crime of obstruction of performance of official duties needs to be punished strictly for a crime detrimental to the functions of the State by obstructing the exercise of legitimate public authority.

There are many criminal offenses against the defendant, and there are many criminal offenses against violence.

This is an unfavorable circumstance to the defendant.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflected, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, circumstances after the crime, etc. and all the sentencing conditions shown in the records and arguments, such as the circumstances after the crime.

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