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(영문) 서울서부지방법원 2019.07.05 2019고단1316
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 19, 2019, at around 04:10, the Defendant: (a) received a report from the police officer of the Seoul Seodaemun Police Station C police box sent out after receiving a notification from the Defendant, etc. to the effect that he was divingd on the road, and received a request for returning home from D by the police officer of the Seoul Seodaemun Police Station C police box called Seoul Western Police Station, and (b) assaulted the said D, by hand, by taking a serious bath against the said D, by putting the balthro of the said D, and by pushing the said person’s chest.

Accordingly, the Defendant interfered with the execution of legitimate duties concerning the protection of the lives and bodies of the above D, which is a police officer, and the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D's performance of official duties;

1. Police statements of E;

1. 112. List of reported cases;

1. Application of the investigative report (the verification of CCTVs at Foxe)-related statutes;

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 of the Criminal Act of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: A sentence of the same kind as the order shall be rendered, having escaped from the lower limit of the recommended sentence, comprehensively taking into account all the kinds of sentencing conditions recorded in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and the circumstances after the crime.

[Ligue circumstances] The fact that the degree of assault against the instant crime is not very serious, that the Defendant led to the confession and reflect of his criminal act, and that there is no criminal punishment against the Defendant (incompetence circumstances] without any particular reason, the Defendant did not commit an assault against a police official performing official duties and did not receive any use from the police official under the influence of alcohol.

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