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(영문) 서울서부지방법원 2020.06.10 2020고단700
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2020, at the main point of "C" located in Mapo-gu Seoul Metropolitan Government B and 2, the Defendant: (a) reported by the president of the said main point, and (b) assaulted D’s flaps, by hand, the Defendant, who received a request from D to outside of the said main point, to move out of the site after receiving a report from the president of the said main point.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the E’s witness statement, documentary evidence 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. Article 62 (1) of the Criminal Act;

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

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 [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Determination of sentence: The fact that there has been three times prior to a year prior to the stay of six months of imprisonment with prison labor, which had been punished as an act of violence, and that, while under the influence of alcohol, he saw the president of the main branch of the instant case to take a bath and breaking the glass, etc., he was punished in the course of stopping and resistance against the police officers in a brutly refusing to meet the boom and restraint of the police officers in mobilization, and that it is a crime committed; however, it does not seem that the public official has yet to be well-founded, under extenuating circumstances, that the public official did not have any record of criminal punishment after being punished by a fine in 193, and that he did not have any attitude to recognize and repent the crime.

The age, character and conduct, career, details and motive of the crime, degree of violence, circumstances after the crime, and recidivism.

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