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(영문) 서울북부지방법원 2020.11.12 2020고단1410
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 February 26, 2020, at the entrance of the C Hospital located in Dongdaemun-gu Seoul Metropolitan Government on February 10, 2020, the Defendant: (a) received a 112 report from the police officer F of the Seoul Eastdong Police Station E District, to the effect that “oman satise is seated at a hospital; (b) received a 112 report to the D in charge of managing the said hospital’s entrance; and (c) took the above actions from the F of the police officer of the Seoul Eastdong Police Station E District, which called “the police satise satise satise satise satise satise sate sate sate sate sate sate sate sate satch.” On his hand, the Defendant assaulted the chest of the said F in satise sate satn by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Copy of the statement made to D by the police;

1. Each statement of D and G;

1. Application of each investigation report (a CCTV image verification at the time of the obstruction of performance of official duties);

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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 types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years; although the pertinent hospital professionals requested the Defendant to cooperate with the procedure, such as coconassis for the prevention of infection with a virus, the Defendant refused such request, while carrying out a serious bath to the hospital staff; and the Defendant also takes a bath to the police officer dispatched after receiving 112 report.

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