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(영문) 서울남부지방법원 2019.07.18 2019고단2066

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 March 8, 2019, at around 23:50, the Defendant assaulted the face of the above D one time on the ground that D, who was called to the site after receiving a 112 report that the proprietor was used in the way before Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the security guards assigned to the Kucheon Police Station C police box assigned to the site, would have returned to himself/herself.

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. Application of the police statement law to D;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of performance of official duties [the category 1] of the obstruction of performance of official duties (the special person concerned]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of the recommended sentence] of mitigation area, one month to eight months of imprisonment.

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: Crimes of obstruction of performance of official duties are crimes that undermine the function of the state's legal order and thus require strict punishment: the circumstances that the defendant acknowledges and reflects the defendant's wrong, and the degree of interference with this violence or official duties is not severe, and the defendant seems to have caused contingent crimes in the state of detention, and the defendant does not have any criminal records exceeding the fine.