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(영문) 서울동부지방법원 2018.08.17 2018고단1882
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 30, 2018, at around 20:40, the Defendant was urged to return home from E and F, a police officer belonging to the Seoul Gangnam Police Station D police station, who was called for, after receiving a report from 112 from around the C cafeteria located in Gangdong-gu Seoul Metropolitan Government, on May 30, 2018.

As a result, the Defendant expressed his desire to “Chos, sent a cell, and sent it to the cell, will interfere with the execution of public duties,” and prevented police officers from driving the patrol vehicle for about 10 minutes, such as placing a drinking to the face of police officers F, preventing police officers from driving the patrol vehicle on the floor, and putting them on the floor.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers concerning the handling of 112 reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A E-document;

1. On-site photographs and photographs;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to investigative reports, telephone conversationss, investigation reports, and criminal investigation reports (in cases of video investigations conducted by police officers without dispatch);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of recommended sentences according to the sentencing guidelines [the types of decisions] : Crimes obstructing the performance of public duties, obstructing the performance of public duties, obstructing the performance of public duties, and Type 1 [Special Sentencing Persons] increased and mitigated factors: None of the relevant factors [the person subject to general sentencing] increased and mitigated factors: None of the relevant factors [the scope of recommended punishment] basic areas: Imprisonment with prison labor for a period of six months to one year

2. The Defendant, who was sentenced to sentence, obstructed the performance of official duties by assaulting a police officer in the course of performing his duties, and the responsibility for such crime is not less weak, and there have been a history of criminal punishment for violent crimes, etc., but again, committed the instant crime.

However, it appears that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant caused the crime of this case by contingency while under the influence of alcohol.

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