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(영문) 서울북부지방법원 2019.06.27 2019고단1401
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2019, at around 20:50, the Defendant: (a) received 112 report from a police officer who belongs to the Seoul Jung-gu Police Station and received a recommendation from a police officer C to pay a taxi fee and received money; (b) thereby, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act to order probation and attending lectures;

1. Scope of the recommended sentence according to the sentencing guidelines [Scope of the recommended sentence]: Reduction area (one month to eight months), mitigation area (special mitigation person] (one type, one kind of serious injury, one case where serious injury has occurred);

2. Crimes committed against police officers dispatched after receiving 112 reports due to their own taxi charges and taking into account the degree of the use of violence and the degree of obstruction of performance of official duties, etc. are disadvantageous to the nature of crimes.

Moreover, the defendant has committed the same crime and is subject to criminal punishment including imprisonment, and has committed the crime of violation of the Punishment of Violences, etc. Act and the crime of injury, and has been subject to criminal punishment several times.

On the other hand, it seems that the defendant recognized the crime of this case and opposed to it.

In addition, there is a fact that it has received a written agreement from police officers C to the effect that police officers C have provided a letter and agreed smoothly with the defendant by police officers C.

In addition, the sentencing conditions shown in the records and arguments, such as the age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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