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(영문) 서울동부지방법원 2019.03.14 2017고단3238

공무집행방해

Text

A defendant shall be punished by imprisonment for 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 October 5, 2017, at around 05:15, the Defendant: (a) received a report from 112 that the Defendant, while drunk at the front of the “Cju store” located in Songpa-gu Seoul Metropolitan Government, was urged to return home from the slope E belonging to the Song Police Station D District of the Songpa Police Station, dispatched to the site; and (b) made the said police officer take a large voice of “blapsing down, flaging, and Chewing flag”; and (c) assaulted the above E’s face at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and the maintenance of order by police officers.

Summary of Evidence

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

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties or the coercion of duties [Special Convicted Persons]: In cases where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the punishment of recommendation], the mitigated area, the imprisonment of one month to eight months [the grounds for suspension of execution], and there is no minor assault or any criminal record of suspension of execution or heavier punishment;

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence; and