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(영문) 서울남부지방법원 2019.03.22 2018고단6536

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:45 on October 27, 2018, the Defendant: “C” in the first floor below the building B of Geumcheon-gu Seoul Metropolitan Government and tried to display the above E’s chest on the Defendant’s hand, and to display it on the 112 report, and the Defendant was recommended to pay the drinking value and return home from the slope E (35 years of age) affiliated with the Seoul Geumcheon Police Station Diplomatic Police Station (35 years of age) to the said E, on the ground that the said E was bad, the Defendant: (a) stated that “I will do so, I will do so; (b) I will do so; and (c) I will do so, and (d) I tried to display it on the 112 report, and (d) I will do so, and (d) I will do so, and (d) I will do so.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a investigation report (Attachment of dynamic image closure data);

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 48 (1) 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] 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: The records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., that the defendant seems to have recognized and reflect the crime, that there is no criminal record exceeding the fine, and that there is no other criminal record.