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(영문) 서울서부지방법원 2019.06.19 2019고단1360
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 00:24 March 30, 2019, the Defendant was not able to have had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

"I would like to say that I would like to pay a taxi fee and return home from D in the circumstances of the Seoul Bupyeong Police Station C District District of Seoul, which was called upon 112 report of a taxi engineer, and I would like to say D's face to display a drinking and stop it.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police statements of E;

1. The application of statutes to each investigation report (the examination of photographs taken by police officers from the moving police officers and CCTV images for crime prevention);

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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: A sentence of the same kind as the order shall be rendered, having escaped from the lower limit of the recommended sentence, comprehensively taking into account all the kinds of sentencing conditions recorded in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and the circumstances after the crime.

[Modern circumstances] The fact that the degree of assault against the instant crime is not very serious, that the Defendant led to his confession and reflect, that the Defendant violated the Petroleum and Petroleum Substitute Fuel Business Act in 2006, that there was no previous conviction exceeding the fine, and in particular, there was no previous conviction after the 2013 year of the suspension of execution (unfavorable circumstances).

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