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(영문) 서울동부지방법원 2018.11.16 2018고단3068
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On August 14, 2018, the Defendant reported around 22:20 on August 14, 2018, 112 on “C” coffee specialty, which was located in Songpa-gu Seoul, to the effect that the Defendant solicited the Defendant to stop and return home to the police station affiliated with the Seoul Song-gu Police Station D police station, where he was called out after receiving a report on the “c” c from the people who had taken alcohol, to prevent the Defendant from going home to the police.

Ch. The Dop’s Dop’s Dop’s Dop’s Dop’s Dop’s Dop’s Dop, the F’s arms was pushed down, the right bridge was cut off by the head, the body was boomed by the head, and the body was boomed by the head.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Place of work;

1. Notice of a department related to the report of 112 case;

1. A criminal investigation report (related to attaching evidentiary data without field), a criminal investigation report (on-site photographing motion pictures and hearing reports by damaged police officers E);

1. Application of Acts and subordinate statutes to documentary and visual materials produced in the field as well as documentary and visual materials (hereinafter referred to as such images);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes committed by a police officer with heavier penalty for obstructing the performance of official duties against F);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions]; the group of crimes obstructing the performance of public duties; the obstruction of the performance of public duties; the aggravation factors and mitigation factors; None of them [the scope of recommended punishment]; The basic area: Imprisonment with labor for not less than six months nor more than one year and six months;

2. The defendant who has been sentenced to a sentence of punishment has abused and interfered with the legitimate execution of duties by the victimized police officers in the course of performing their duties, and the liability for such crime is not minor.

In addition, the defendant is subject to criminal punishment several times due to violent crimes, drinking, etc.

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