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(영문) 서울서부지방법원 2019.06.14 2019고단1273
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 13, 2019, at around 23:36, the Defendant listened to the “C” restaurant operator’s horse in Yongsan-gu Seoul, Yongsan-gu, Seoul, and took a bath to customers in the vicinity, etc., he was reported and called out to the front of the above restaurant.

Since then, the defendant was suffering from trial expenses to the police officers, and the police officers assigned to the above police box F or G, and the police officers assigned to the above police box, were subject to a notice of penalty payment in accordance with the Punishment of Minor Offenses Act.

Accordingly, the Defendant, who gets away from F, etc. to return to a police box, dump, dump, dump, and dump, dump, dump, dump, dump, and dump dump, bump, bump, fump, bump, b

As a result, 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. The police statement concerning F;

1. Application of H’s written Acts and subordinate 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;

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

2. Normal circumstances favorable to the decision of sentence: The defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime are committed, where the victim police officer F wanted to have the wife, the defendant's attempt not to repeat the crime after being treated as a gold: twice the suspension of execution of the same crime, two times the punishment of fines, and the family's guidance.

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