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(영문) 서울남부지방법원 2019.02.13 2018고단1451
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2017, at around 20:55, the Defendant: (a) in front of the C cafeteria located in Cheongju-si, a Cheongju-si, the Defendant was urged by the police officer E belonging to the D District District Unit of the Cheongju-si Police Station, who was called up after receiving 112 a report, to present an identification card and pay an identification value; (b) the Defendant attempted to leave the site without any answer; (c) on the ground that E, she was able to take a bath for E on the ground that the clothes he was put into the Defendant, and the Defendant’s clothes were teared, and then she threatened E and took a part of the right part of E to drinking.

As such, the Defendant assaulted police officers E to interfere with legitimate performance of duties concerning the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Arrest report;

1. Investigation report (or relative investigation of witnesses);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Circumstances disadvantageous to the determination of sentence: The crime of this case is likely to obstruct the execution of duties by exercising violence against a police officer dispatched by the defendant after receiving 112 report;

There was no particular recovery of damage.

The defendant's mistake is recognized as favorable circumstances.

In addition to the above circumstances, the circumstances leading to the Defendant to commit the instant crime, circumstances after the commission of the instant crime, the records of the Defendant’s punishment in the past, and other factors such as the Defendant’s age, character and conduct, environment, and family relationship, which are conditions for sentencing as shown in the instant records

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