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(영문) 서울중앙지방법원 2020.10.21 2020고단4217
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 became final and conclusive.

Reasons

Criminal facts

On June 6, 2020, at around 14:15, the Defendant filed a 112 report in front of the “C Real Estate in Jongno-gu Seoul Metropolitan Government,” stating that “The fighting has occurred,” and was asked questions about the situation at the time from the border E belonging to the Seoul Guro Police Station D District, which was dispatched to the site, and was assaulted by the Defendant in front of the 'C Real Estate in Jongno-gu Seoul Metropolitan Government, without any special reason.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Listening to the F phone call statement of a witness) on E in the police statement, the application of Acts and subordinate statutes to investigation report (verification of CD images);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The crimes committed by the accused on the sentence of sentence are not suitable in light of the circumstances, contents, etc. thereof; and

However, the defendant has no record of being punished for the same kind of crime and reflects his mistake while committing the crime.

The punishment as ordered shall be determined in consideration of the above circumstances and the Defendant’s age, character, conduct and environment, the background and consequence of the crime, and the circumstances after the crime, etc., as well as the various circumstances that form the conditions for sentencing as shown in the instant records

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