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(영문) 서울서부지방법원 2019.06.21 2019고단1354
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

around 23:53 on March 21, 2019, the Defendant scam at “C cafeteria” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and scam two persons.

In order to ask questions from police officers E belonging to the Seoul Western Police Station D District D District of Seodaemun-gu, Seoul, upon receipt of a report to the purport, that “the course of violence and how personal information are reached,” the above E used the part of the above E as a knife by talking that “C 】 】 must go x x x x x the x the xb)”.

As a result, the Defendant interfered with legitimate execution of duties concerning public peace and order of the above E, and prevention, suppression, investigation, etc. of crimes, which are police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The result of reproduction and viewing of police officers bar campaigns and images taken by the general public;

1. Application of Acts and subordinate statutes to criminal investigation reports (Listening to the F statement of witnesses);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. A decision on sentence: A decision on sentence of imprisonment with prison labor for four months or one year of suspended sentence (unfavorable circumstances) by a police officer who was in the course of performing official duties, and the nature of the crime is not good (negative) and the punishment of a defendant is not wanting to be imposed by an agreement with a victimized police officer, and the extent of the assault is not relatively more severe;

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