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(영문) 서울북부지방법원 2015.11.18 2015고단2762

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Force】 On July 9, 2015, the Defendant was sentenced to a suspended sentence of six months for special obstruction of performance of official duties by the Seoul Northern District Court, which became final and conclusive on July 17, 2015, and is currently under suspended sentence.

【Criminal Facts of Crimes】 On August 6, 2015, the Defendant received a 112 report at the entrance of the parking lot for the Seoul Jung-gu Seoul Jung-gu Seoul Metropolitan Government building C, stating that the Defendant had a man with a ionic personality,” and received a request from the head E of the police station affiliated with the Seoul Jung-gu Police Station D District Police Station to take an emergency measure against the Defendant.

The Defendant, while refusing to provide medical treatment by providing the above E with “not necessary for medical treatment, as it differs from one’s house,” followed the horses to receive a group of medical treatment from E, and assaulted the above E, by providing the above E with the desire to “Chewing gushes, flaps,” “Chewing gushes,” and “Chewing gushes,” which was flading the body of the Defendant’s skind from an emergency medical service worker, with the size of 20 centimeters from the roadside’s face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Before ruling: Criminal history records, inquiry reports, investigation reports (report on confirmation of criminal records of the same kind as a suspect), judgments, and copies of summary order Acts and subordinate statutes;

1. The relevant statutory provisions on criminal facts, Article 136(1) of the Criminal Act on the choice of punishment, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommendation] : The scope of sentence comparison between the applicable sentencing range (6 to 1 April) basic area (6 to 1 April) and the recommended sentencing range: June to 1st [the sentence] crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying legitimate exercise of public power, and thus, it is necessary to strictly punish such crime in order to establish the legal order of the State and eradicate the light of public power, and the defendant's decision.