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(영문) 서울북부지방법원 2019.02.14 2017고단3204
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 21, 2017, at around 03:15, the Defendant was under influence of alcohol at the center floor of the shooting distance in front of the Seoul Southernbuk-gu, Seoul, and was urged to return home from the slope D by the police officer affiliated with the Seoul Gangseo-gu Police Station C commander of the Seoul Gangseo-gu Police Station, who called out after receiving 112 report that “the male is dangerous to enjoy on the road.” However, the Defendant saw the above slope D to take a bath at the right hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties, the basic area of the first category (the scope of recommendations] (the obstruction of performance of official duties/performance of duties), six months of imprisonment, and one year and six months of imprisonment;

2. Determination of sentence is that the case uses violence against police officers who want to assist in this case, and its nature is not good.

However, the defendant has no record of being punished for the same crime, and there is no record of being punished for a fine or more, and the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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