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(영문) 서울남부지방법원 2019.10.17 2019고단2864
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

On May 17, 2019, around 05:50 on May 17, 2019, the Defendant: (a) committed assault on the police officer E’s left face by a police officer E, who was under the influence of alcohol in the Yeongdeungpo-gu Seoul Metropolitan Government “C” and called “Seungpo Police Officer E, who was under the influence of alcohol in the sing room, and called “I am home,” after a police officer E, who was under the influence of alcohol in the 112 report.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police protocol of statement to E, and each police protocol of statement to F;

1. 112 reported case handling table;

1. A criminal investigation report (a photograph of a photograph of a suspect after cutting down the suspect);

1. Application of the statutes on damaged parts of police officers E and field photographs;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] [Article 1] The obstruction of the performance of official duties/performance of duties (the scope of the recommended area and the recommended punishment], the basic area of the recommendation [the scope of the recommended area and the recommended punishment], six months to one year and six months;

2. The punishment is determined as ordered by taking into account the following circumstances: (a) under the influence of the decision of sentence, the commission of violence against police officers in the course of performing official duties by force; (b) the injury to public goods; (c) the circumstances after the commission of the crime are not good; (d) the Defendant recognized the mistake and took an attitude of reflect; (e) the Defendant did not have been punished in excess of the fine; and (e) there was no record of punishment for about ten (10) years prior to the commission of the instant crime; and (e) the records and the overall sentencing

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