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(영문) 서울서부지방법원 2019.06.14 2019고단1425
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2019, at the bus stops located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 23:00, the Defendant expressed that “A male is growing on the floor of bus stops” at the bus stops located in the bus stops located in Seodaemun-gu, Seoul, and subsequently, the Defendant tried to see that “E, a police officer belonging to the Seoul Seodaemun-gu Police Station D commander of the Seodaemun-gu Police Station, demanded him to wear a shoulder and return home to the scene,” and that “I am out of the night, when I am out of the night, I am tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly

Accordingly, the Defendant assaulted police officers as above, thereby obstructing the police officers from performing their legitimate public duties on the handling of 112 reported duties, public peace and order maintenance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes to the results of reproduction of video images taken by police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Imprisonment with prison labor for three months, or one year of suspended sentence, with prison labor for a police officer who was lawful in the course of performing his/her official duties in the state of detention, and the nature of the crime is not good;

However, the Defendant’s mistake is contrary to the recognition of the Defendant’s mistake, and only the Defendant’s previous conviction except for the judgment of suspended execution in 2001, and all other circumstances constituting the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.

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