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(영문) 서울북부지방법원 2019.10.10 2019고단2234
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 became final and conclusive.

Reasons

Punishment of the crime

On May 17, 2019, the Defendant: (a) around 21:10 on May 17, 2019, avoided disturbance by opening the doors to the married wife of the Defendant in Gangnam-gu Seoul, and in front of his wife’s house gate, and by opening the doors to his father and sound. (b) Upon receiving 112 reports, the Defendant was forced to leave the gate from the slope belonging to the Seoul Gangseo-gu Police Station C police box that sent out to the scene, and (c) said D’s chest was pushed down by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. 112. List of reported cases;

1. Application of internal investigation reports (such as the attachment of a faccam and photogram images), and facam photographs and video CD-related Acts and subordinate statutes;

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 basic area (six months to one year and six months) of the punishment for the obstruction of performance of official duties according to the sentencing guidelines (no person shall be subject to a special punishment):

2. The crime of this case, which was decided to be sentenced, was committed by the defendant upon receipt of a report 112 and was committed by the police officer, and the nature of the crime is not good;

In addition, the defendant has the same criminal records.

However, as the defendant recognized the crime of this case and reflects the wrongness, and the defendant's wife and his/her father were prevented from entering the house where he/she was divorced, the crime of this case was committed. The divorced wife and his/her father are also the wife of the defendant, and the defendant's age, occupation, character and conduct, environment, and circumstances before and after the crime are taken into account, the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, occupation, character and conduct

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