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(영문) 서울중앙지방법원 2019.07.17 2019고단2476

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

Around 07:50 on December 13, 2018, at the 2nd floor parking lot of Gangnam-gu, the Defendant, upon receiving a report from the Defendant, abused the body of D twice in two instances, and assaulted E-W her scam at one time, when he/she takes a bath when he/she solicits the Defendant to return home.

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 of E and D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of evidential materials);

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 recommendations according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and there is no person who has a special penalty] for the obstruction of the performance of official duties (the scope of recommendations and recommendations]. The basic area of the obstruction of the performance of official duties, six months to one year and six months.

3. Determination of sentence: The Defendant expressed a desire to a police officer who solicits him to return home under the influence of alcohol and obstructed the police officer’s performance of official duties by assaulting him.

The defendant has previously been sentenced to a fine twice for a violent crime.

However, the defendant recognizes his mistake.

The victimized police officers do not want to punish the defendant by mutual consent with the defendant.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.