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(영문) 서울서부지방법원 2019.05.03 2019고단460

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2018, at around 22:30 on the front of the 'C' restaurant located in Eunpyeong-gu Seoul Metropolitan Government B’, the Defendant: (a) received 112 report, and received a recommendation to return home from E, a police officer affiliated with the Seoul Bupyeong Police Station D commander of the Seoul Bupyeong Police Station, who was urged to return home from E, a police officer for whom he was called, “this fright fright fright fright fright fright fright fright fright fright fright fright fright.”

Accordingly, the defendant interfered with legitimate execution of duties such as handling of 112 reports by police officers and maintaining public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of each investigation report (in relation to the hearing of statements by a restaurant employee, the hearing of witness F's testimony, the field inspection and CCTV investigation, and the witness F's statement attached thereto) Acts and subordinate statutes;

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 applicable sentences under 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. Determination of sentence: The sentence of the same sentence shall be imposed in the same manner as the sentence, taking into account all kinds of sentencing conditions recorded in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, while in the following circumstances:

[Modern circumstances] The fact that the degree of assault against the crime of this case is not very serious, that the defendant led to his confession and reflects against his own crime, that there is no criminal record beyond the fine (finite circumstances) [finite circumstances] and did not receive any use of it from a police official under the influence of alcohol without any specific reason, there is no evidence to deem that there was no serious effort to receive a letter from the above police official, and that there is a number of times.