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(영문) 서울서부지방법원 2020.04.22 2020고단643

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on December 2, 2019, the Defendant: (a) sent a report to “C” restaurant located in Mapo-gu Seoul, Seoul; and (b) sent to the site, “A police officer belonging to the Seoul Mapo-gu Police Station D Zone D Zone D, who called to the site, solicited the Defendant to return home; (c) carried the Defendant’s shoulder by hand; and (d) carried the Defendant into the said restaurant; and (c) again solicited the Defendant to return home, and (d) assaulted the Defendant by taking the son’s head debt by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (in detail, such as records related to the direction and recording of the public prosecutor, records related to the conduct of on-site visit and exit, the process of suppression, etc., and reproduction and analysis

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

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. Under the decision of sentence, the sentence is to be imposed in the same manner as the sentence, taking into account all the factors of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime.

[Liet circumstances] The defendant shows the appearance against the defendant in the confession of the crime, and there is no criminal record of the defendant's criminal punishment [friet circumstances] without any particular reason, the defendant committed an assault against a police officer on official duty under the influence of alcohol and the assault.