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(영문) 서울북부지방법원 2020.02.12 2019고단5039
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 October 29, 2019, the Defendant followed the “C University D” in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and received 112 reports to the effect that the junator fes the fescence, and obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case 112 cases, in order for the Defendant to have the fscam home, upon the Defendant’s request from the Escam of the Dongdaemun-gu Seoul East Police Station Escam, which was called up.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. G statements;

1. Photographss and investigation reports of victimized police officers (a detailed statement of handling a reported case);

1. Application of video Acts and subordinate statutes to video CDs;

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

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendation [Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.] according to the sentencing guidelines for the reasons of sentencing shall be limited to the obstruction of performance of official duties [Article 1]. The obstruction of performance of official duties [Article 1] basic area of the obstruction of performance of official duties [the scope of recommendation and recommendation], the defendant has a large number of violent crime records against the defendant, who has been sentenced for six months to one year and six months of imprisonment, again takes the crime of this case again as the crime of this case. The crime of this case is a indecent act committed against the police officer dispatched upon receiving the report without any justifiable reason, and needs to be strictly punished in light of the time and mode of the obstruction of performance of official duties.

However, the punishment of the defendant shall be determined in consideration of the fact that the defendant is too late, and considering that there are several kinds of violent crime records in the same kind and violent crime records, the defendant shall be given an order to provide community service and attend lectures for a certain period of time.

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