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(영문) 서울동부지방법원 2019.09.02 2019고단2116

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 22, 2019, at around 23:15, the Defendant, “C” located in Gwangjin-gu Seoul Special Metropolitan City, hereinafter “B,” 112 reported and sent a bath to E who are able to return home from the circumstances E in which the Seoul Mine Police Station D District Unit was affiliated with the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter “C”) and was sprinked with the finger hand, and was sprinking E’s chest by hand.

Accordingly, the defendant assaulted police officers who perform legitimate duties concerning the handling of 112 reported cases, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (CCTV video viewing report);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] there is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution of punishment] - The reasons for general pride: The serious reflective area.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;