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(영문) 서울중앙지방법원 2020.06.10 2020고단3021
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 15, 2020, at around 20:15, the Defendant: (a) had a taxi engineer and a horse dispute in front of Dongjak-gu Seoul Metropolitan Government; (b) had confirmed the on-site situation; and (c) had a defect in order for the police officer to hear the statement while speaking for dispute; and (d) assaulted the police officer’s chest part of the said police officer at one time as his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the lives, bodies and property of the police, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the defendant's statement;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Social Services 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 [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/non-performance of official duties [the scope of recommended areas and recommendations], the basic area of recommendation [the scope of recommendation areas and recommendations], six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 6 months, 2 years of probation, 2 years of community service order Defendant’s crime of obstruction of performance of official duties, etc., which has a history of criminal punishment several times for assault-related crimes, and in particular, since the crime related to obstruction of performance of official duties is a crime that undermines the functions of the State by nullifying legitimate exercise of public authority, it is necessary to strictly punish the State for establishing national legal order and eradicating

However, the circumstances favorable to the defendant, such as the confession of the crime of this case, the misunderstanding of his mistake, and the fact that the defendant seems to have committed the crime of this case by contingency under the influence of alcohol, etc., and the age, character, character and environment of the defendant.

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