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(영문) 서울동부지방법원 2019.11.25 2019고단3022
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 September 21, 2019, at around 21:15, the Defendant reported on 112 the Songpa-gu Seoul, Songpa-gu Seoul, that he was “to write a person,” and provided a desire to return home from the Seoul Song District Police Station C District Gyeong, etc., which was called, and assaulted by his hand, such as tightly cutting off the body of D and sprinking bomb.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. E statements;

1. Application of CD image Acts and subordinate statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties (special sponsor] - The mitigated element: The degree of violence and intimidation minor [the scope of the recommended area and the recommended punishment] mitigation area, the range of imprisonment with labor for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] - The degree of violence and intimidation minor - The grounds for suspension of execution of major pride are minor - the degree of general pride: the strong radius.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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