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(영문) 서울서부지방법원 2019.07.17 2019고단1673

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 3, 2019, at around 00:02, the Defendant was urged to return home, which is a police officer belonging to the Seoul Yongsan Police Station C District, who was called up after receiving a report of 112 on May 3, 2019. However, the Defendant tried to go home to E, who is the other party to a fighting, and tried to go home again, to go home to the other party to the fighting, and took off D’s hand, and was off off from D’s face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (investigation of video images taken by police officers visiting the site);

1. Application of Acts and subordinate statutes to investigation reports (as to the statement of police officers going to the spot and the list of 112 reported cases), accompanying documents (as to the list of 112 reported cases);

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's crime of obstruction of performance of official duties for the reason of sentencing Article 62-2 of the Criminal Code of Probation and Social Service Order is the second.

In almost a similar situation, violence has been repeated to a police officer dispatched under the influence of alcohol.

The crime of this case was committed after the period of suspended execution of the previous case was expired.

In addition, the defendant directly recognized his wrong behavior.

However, in addition, there are many factors of sentencing disadvantageous to the defendant, such as criminal punishment for repeated violent acts.

The punishment shall be determined in consideration of the above points and the age, character, conduct, environment, etc. of the defendant.

The sentencing guidelines is 6th-1 year and 6th, which is the basic area of the first category of the obstruction of performance of official duties among the crimes of obstruction of performance of official duties.