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(영문) 서울서부지방법원 2019.10.30 2019고단2808

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 23:30 on July 10, 2019, the Defendant heard the phrase “I am home, where I am home, I am home, and I am home,” from the police officer belonging to the Seoul Mapo Police Station D Zone D District, called “I am home, I am home, I am home, I am home, I am am abroad, I am am again, I am am, I am am, I am am, I am am abroad, I am in the front of the Cju point in Mapo-gu Seoul, Seoul, with the report of 112 on the effect that “I am drinking, I am abroad, I am you am abroad, I am am abroad, and I am am a drinking twice.”

Accordingly, the defendant interfered with the execution of legitimate official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to a report on investigation (satis G telephone statement);

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the recommendation], the basic area of the recommendation [the scope of the recommended area and the recommendation], six months to one year and six months;

2. Determination of sentence (contributed circumstances) recognizes and reflects a defendant's fault.

[Unjustifiable circumstances] The Defendant again committed the instant crime of obstruction of performance of official duties since one year has not passed since he/she was punished by a fine on August 31, 2018 due to obstruction of performance of official duties.

In addition, the Defendant was punished by a fine on January 30, 2019 due to drinking driving, and on March 15, 2019, even though the driver's license was revoked, the Defendant is driving a car on March 15, 2019.

On September 20, 2019, traffic accidents were punished by a fine.