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(영문) 서울남부지방법원 2019.10.17 2019고단4045

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2019, around 22:45, the Defendant: (a) demanded that the Defendant “in the street room located in Gangseo-gu Seoul Metropolitan Government, the head of the drinking Sea and the head of the drinking Sea and the head of the convenience store,” and that the Defendant sent the site after receiving 112 reports by the slope E, a police officer belonging to the D Zone District of the Gangseo-gu Police Station, to check the situation of the case, and check the situation of the case.”

Therefore, in order for the above slope E to return home to the patrol vehicle, the above slope E used to ask personal information and address, and the defendant used the above slope E once to drink without any justifiable reason.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the above slope E's 112 Report processing work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (to telephone conversations for reference witnesses);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties (category 1] (the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: The defendant's mistake is a crime that undermines the function of the state's legal order and thus requires strict punishment.