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(영문) 서울남부지방법원 2019.10.23 2019고단4052
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 01:30 on July 14, 2019, the Defendant assaulted the victim’s left hand, i.e., “I will see a fright,” on the ground that D(47 years of age) belonging to the Jeondong Police Station C District called “I will see, I will see, I will see, I will see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes concerning video output;

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: Imprisonment with prison labor for 10 months, 2 years of suspended sentence, and community service order crime of this case is not good for the crime of obstructing the execution of duties by a police officer in the course of performing his/her official duties after being in the influence of alcohol;

In the poor working environment, a police officer who works with a sense of duty is suffering from fear and loss, and the obstruction of performance of official duties by using unfair external force ultimately affects public peace and maintenance of order through the maintenance of public order. Therefore, the defendant should be held liable for such crime.

In around 2009, the defendant has been sentenced to a fine by taking a bath to police officers and neglecting his/her happiness.

However, the fact that the defendant recognizes the crime and reflects it recently.

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