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(영문) 서울서부지방법원 2019.07.24 2019고단1523

공무집행방해

Text

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

Reasons

Punishment of the crime

On April 11, 2019, around C 17:50, the Defendant used the 1112-report to walk the said E’s left part of the instant E-bebbbbbbbbbb in order for the Defendant to return back to the restaurant, the Defendant, a police officer affiliated with the D District Unit of the Seoul Yongsan Police Station D District, who called the Defendant upon receiving 112-report, sent the Defendant at the above C cafeteria, and the Defendant intending to return to the restaurant. In accordance with the above E, the Defendant used the me to see whether the police station followed, she paid money, her money, or her money, or her fright to a bitch.”

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 to E by the police;

1. Application of F’s police statements to Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

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.

The favorable circumstances: The degree of assault against the instant crime is not very serious; the circumstances unfavorable to the Defendant’s confession and reflects his own crime: A number of criminal records, including the same criminal records, exist; the Defendant was sentenced to a suspended sentence of ten months for the crime of interference with business, etc. at the Seoul Western District Court on August 18, 2017; and the Defendant committed a crime even during the period of suspended execution, which became final and conclusive on August 26, 2017.