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(영문) 서울남부지방법원 2017.01.13 2016고단5147

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, from around 21:09 to September 12, 2016, to around 00:02 on September 12, 2016, the Defendant re-exploited police officers who reported approximately 350 times from the Defendant’s home located in Geumcheon-gu Seoul to KRW 112.

The 119 report was filed to the effect that the applicant would commit suicide while wanting to complete all of his or her own demands that could not be known.

The Defendant, at around 00:20 on September 12, 2016, received a 112 report to the effect that there was the said 119 report at the same place, and requested that the 119 rescue crew members of the Seoul Geumcheon Police Station C police box affiliated with the Seoul Geumcheon Police Station C police box dispatched to the site check the 112 report and open a door to protect the Defendant, and sent out the door and “C” to the said D.

The Defendant spits the above D’s breast part by drinking, and spits D’s part of the aforementioned D’s chest while taking a bath called “I ambry, I ambling,” which would be less than fat, and thereby interfere with the police officer’s 112 handling of reports, the protection of people’s lives, bodies, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. 1 and No. 2 made to D;

1. The 112 reported case settlement table, respectively;

1. Application of Acts and subordinate statutes to notify departments related to the report of each 112 case;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances unfavorable to a ruling of sentence: The defendant reported 112 times over several hundred and sixty times, thus obstructing the exercise of legitimate public authority by assaulting a police officer and a 119 rescue team member called out after receiving such a report. The nature of the crime is not very good;

on the part of the damaged police officers.