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(영문) 서울중앙지방법원 2019.03.28 2019고단113
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 22:40 on December 1, 2018, the Defendant: (a) reported 112 that a female under the influence of violence was committed against the Defendant, who was under the influence of alcohol, leaving the Defendant’s body in front of the sales store in Jongno-gu Seoul, and Dominated; (b) and (c) was sent to the site by the police officer, who was a police officer of the Seoul Hyeung Police Station Esa Police Station, who was dispatched to the site after receiving a report of 112 that a female was under the influence of violence without any justifiable reason, and attempted to help the Defendant, who was under the influence of the floor, and attempted to help the Defendant, “I am fat, Dod, Dod,” and “I am humbbbbbbbbbbbs,” and feld the victim’s arms, and obstructed the victim’s legitimate performance of public duties by assaulting the victim, such as the victim’s kne and bucks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the violenced part photograph;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Cases of assaulting a police officer in uniform dispatched after receiving a report on six months of imprisonment with prison labor or two years and one hundred and one-half years of suspended execution, and the nature of such offense is not good;

However, the fact that the defendant confessions all of the crimes and reflects against the victim police officers, the fact that there is no criminal record prior to the case, and all of the facts revealed during the trial process, such as the defendant's age, character and conduct, environment, motive, circumstance, means and consequence of the crime, etc.

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