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(영문) 서울동부지방법원 2020.11.12 2020고단2899
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2020, at around 18:49, the Defendant was under the influence of alcohol on the floor in the front of Gangdong-gu Seoul Metropolitan Government, and was reported by the justr in 112, and was requested to return home from the slope victim D belonging to the Seoul Gangseo-dong Police Station C Zone C District of the Seoul Gangseo-gu Police Station, which was called "I am under the influence of am under the influence of alcohol," and the am under the bath theory that "I am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of am under the influence of the am under the back part.

After all, the defendant assaulted police officers to interfere with legitimate duties of police officers concerning the maintenance of public peace and order, and damaged public goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written statement;

1. Application of damaged photographs and on-site photographs statutes;

1. Relevant Article 136 (1) and Article 141 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second crime (damage to Public Goods) (Determination of Sentencing) is a crime of obstruction of the performance of official duties.

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