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(영문) 서울중앙지방법원 2019.11.27 2019고단6393
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 16, 2019, at around 15:00, the Defendant was unable to have the police officers under the influence of alcohol on the front side of the Jongno-gu Seoul Metropolitan Government “C”, and had the police officers under the influence of alcohol, and had been able to bring home to the police officers by E, etc., who was reported 112 by residents, but requested to return home from the police officers, etc. of the Seoul beneficiary Police Station D box called out after receiving the report of 112 by residents, but continued to avoid disturbance, the Defendant committed assault by assaulting the police officers, such as taking a serious bath and sprink, taking the knife and getting the head of the above E, thereby obstructing the police officers’ legitimate execution of duties concerning the handling of the report of 112

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Screening pictures of each photograph and CCTV closures;

1. Three CDs;

1. Three copies of a statement to deal with 112 reported cases;

1. A report on investigation (to hear statements of witnesses before and after the commission of the crime);

1. Application of Acts and subordinate statutes to each statement;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties: [No. 1] the obstruction of the performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for a year, the defendant reported 112 and took a serious bath for a police officer called out, and during the process, the defendant took a handout to the police officer and obstructed the legitimate execution of official duties by exercising violence, such as suitable for the head of the police officer;

The defendant committed a second offense without being aware of the suspension period of imprisonment due to the same kind of crime, and has been punished several times due to the obstruction of performance of official duties in the past.

There is no letter from the damaged police officer or the restoration of damage.

As such, there is a significant possibility of criticism against the defendant.

Therefore, the defendant is currently committing the crime of this case.

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