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(영문) 의정부지방법원 2019.05.23 2019고단440
공무집행방해
Text

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

Around 00:40 on December 25, 2018, the Defendant: (a) at the “C” singing shop located in Namyang-si B, Namyang-si; (b) did not pay an amount equivalent to KRW 700,000,000; and (c) was confirmed on the Defendant’s intent or ability to pay the drinking value for the handling of the reported case from E, a police officer affiliated with the Police Station of Namyang-si Police Station, who was called out after receiving a report of 112 on the business owner of the said main station; and (c) was under the influence of alcohol, the Defendant took a bath to the said police officer while under the influence of alcohol; and (d) sold the back portion of the police officer’s chest with knene, and obstructed the police officer’s legitimate performance of duties concerning the handling of

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to CDs on-site photographs and documentary evidence videos;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] that the person concerned has no obstruction of the performance of official duties or coercion (type 1) (the scope of recommendation punishment] (the scope of recommendation punishment], six months from six months to one year and six months (basic area).

3. The Defendant: (a) expressed a desire to a police officer called out after receiving a report while disputing a business owner due to the drinking value problem; (b) obstructed the police officer’s legitimate performance of official duties by committing assaulting the police officer’s chest by hand; and (c) selling knee-wing parts to knee-wing, etc.; and (d) committed a crime in light of the background, method, mode, etc. of the crime.

Considering the fact that such light of public authority is influence of the foundation of social order and may cause serious danger to the general public, the Defendant cannot be exempted from punishment corresponding to the criminal liability.

However, the fact that the defendant recognizes his mistake and reflects, and that it seems to lead to any contingent crime under the influence of alcohol.

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