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(영문) 서울동부지방법원 2019.02.15 2018고단3913
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 becomes final and conclusive.

Reasons

Criminal facts

At around 01:00 on November 14, 2018, the Defendant: (a) 112 reported 112 on the street in front of Songpa-gu Seoul, Songpa-gu, Seoul; (b) kiddd from a slope D belonging to the Seoul Songpa Police Station C District District, which called “Isle.Isle, Isle, Isle. Isle, Isle. Isle, Isle. Isle, Isle, knife Is. Is.).

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement prepared in F, G, and H;

1. Application of the Acts and subordinate statutes to investigative reports (verification of photographed images);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines (decision of types of punishment), the obstruction of performance of official duties, the obstruction of performance of official duties, the aggravation of the first category (special person) and mitigation factors: None of the relevant factors (the scope of recommendations): Six months to one year and six months; and

2. The defendant who has been sentenced to a sentence shall assault a victimized police officer in the course of performing his/her duties and interfere with his/her legitimate execution of duties, and the liability for such crime is not minor;

In addition, even though the defendant had many records of criminal punishment due to various crimes, the defendant repeated again.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and did not focus on the degree of the use, etc.

In addition, in comprehensive consideration of the defendant's age, character and conduct, motive and background of the crime, means and result of the crime, circumstances after the crime, etc., various sentencing factors specified in the records and arguments in this case, the punishment as ordered shall be determined.

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