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(영문) 서울서부지방법원 2019.07.12 2019고단1291
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of collective, deadly weapons, etc.) at the Seoul Western District Court on July 8, 2014, and was released on March 30, 2016 and the parole period expired on September 4, 2016.

At around 19:40 on March 31, 2019, the Defendant was a staff member of the above restaurant and a Si guard on the ground that he did not go to the patrol station while drinking alcohol at the “C” restaurant located in the Seoul Marnpo B. Around 19:40, the Defendant was a member of the above restaurant and the Si guard. Upon receipt of a report 112, the Defendant was required to return home from the border E and slopeF belonging to the Mapo Police Station D District, which called the “C” restaurant, and became out of the above restaurant.

The Defendant: (a) obstructed police officers from standing in front of the patrol vehicle that they want to return home; (b) prevented them from putting the back of the patrol vehicle; and (c) prevented them from putting them back at the right shoulder of the F, which continued to require them to return home.

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. Investigative reports (Attachment of video recording files CDs), on-site images suspended screen pictures;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspects' criminal records);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] the obstruction of performance of official duties (the category 1] and the mitigation element of the obstruction of performance of official duties (the special person concerned): Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of the recommended sentence] mitigation area, one month to eight months of imprisonment;

2. Circumstances favorable to the determination of sentence: The circumstances after the crime are committed, such as the reflectivity, the degree of violence is minor, the degree of alcohol liverness, chronic kidney, etc. suffering from disease, and the health is not good: The fact that the person is a double-class repeated crime, and the accusation against the victimized police officer, etc.

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