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(영문) 서울서부지방법원 2019.06.05 2019고단1215

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2019, at around 02:25, the Defendant reported that he was frighting in front of the Eunpyeong-gu Seoul 'C' house located in Eunpyeong-gu Seoul, and was sent to the site on the 112 report, and that E, a police officer, who was called to the site, demanded him to return home and take a taxi. The Defendant expressed to the above E, “this spice, spice, spice,” and used a booming victim.

Accordingly, the Defendant assaulted police officers as above, thereby obstructing police officers from performing their legitimate duties on handling reports and maintaining public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs by capturing the results of viewing on-site CCTV CDs and by capturing each other;

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 of the community service order;

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, suspended execution for one year and one year police officer's performance of official duties, which is not good for such crime, and the fact that the accused was arrested in flagrant offender and brought to the police station to custody, or that there was a record of punishment for the same kind of crime.

However, the sentence identical to the order shall be determined in consideration of all the various circumstances that serve as the conditions for sentencing specified in the pleadings of the instant case, such as the fact that the defendant has no criminal record exceeding the fine, the age, character and conduct, career, motive of the crime and circumstances after the crime.