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(영문) 서울동부지방법원 2021.02.18 2020고단3419
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:50 on May 25, 2020, the Defendant: (a) heard horses from the victim D while drinking alcohol in the C tea room located in Gangdong-gu Seoul Metropolitan Government B and 1 underground floors; and (b) made an assault to the victim by spreading beer who had been drinking the victim, while drinking alcohol in the C tea room located in Gangdong-gu Seoul Metropolitan Government B and 67.

2. The Defendant interfered with the performance of official duties at the date, time, and place specified in paragraph 1, and at the place specified in paragraph 1, “a male customer spawn” did not wish to verify the circumstances of the instant case against the witness E District of the Seoul Gangnam Police Station E District of the Seoul Gangseo-gu Police Station, and the witness by G. F. As such, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reports by threatening F.

Summary of Evidence

1. Two-time protocol concerning suspect interrogations of the police in relation to the defendant's legal statement D;

1. Each police statement made to F and G;

1. Application of the H’s written statement (Evidence 68 pages);

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 136 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] Interference in the Execution of Official Duties / [Special Sentencing / Forced (Special Sentencing / mitigated : Where the degree of assault, intimidation, and deceptive scheme is minor [the territory of recommendations and the scope of recommendations] mitigation area, one month to eight months of imprisonment;

(b) Second Crimes (Assaults) / [Type 1] General assault [Special Sentencing Person] mitigated element: (1,6, and 7) where the degree of assault is insignificant (the territory of recommendation and the scope of recommended punishment] mitigated area, and one month to eight months of imprisonment;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: One month to one year (one crime).

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