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(영문) 서울서부지방법원 2020.02.14 2019고단3897

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 13, 2019, at the front side of Mapo-gu Seoul, Seoul, and around 03:43 on August 13, 2019, the Defendant expressed that “D, a police officer belonging to the Seoul Mapo Police Station C District District, who was called up after receiving a report of 112 that “A male is written on the road,” was provokinging the Defendant, who is a police officer belonging to the Seoul Mapo Police Station C District, through India and the roadway, “bred, dead, and bitched on the road,” and carried the Defendant’s chest on two hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to images of cellphones);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

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

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 his fault.

[Incompetence] There was a record of being punished twice by a fine for violent crimes before the instant case.