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(영문) 서울남부지방법원 2019.02.13 2018고단6425
공무집행방해
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2018, at around 22:40 on October 31, 2018, the Defendant, along with the police officers E belonging to the Seoul Gangseo-gu Police Station D District, called the Seoul Gangseo-gu Seoul Metropolitan Government F Police Station D District, posted the goods displayed while under the influence of alcohol on the floor.

그런데, 피고인은 2018. 10. 31. 23:01경 D지구대 앞길에서, 다른 112신고 사건 관련자와 대화중이던 경찰관 G의 왼쪽 골반 부위를 발로 1회 걷어찼다.

As such, the Defendant assaulted a police officer G and interfered with legitimate performance of duties concerning G crime prevention, investigation, maintenance of order, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on investigation (matters to be investigated against A by a suspect);

1. Application of Acts and subordinate statutes to investigation reports (any statement related to the obstruction of performance of official duties by a suspect A);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Circumstances disadvantageous to the determination of sentence: The criminal act of this case is the act of assaulting a police officer and obstructing the exercise of legitimate public authority, and the responsibility for the crime is heavy;

The degree of violence against the victimized police officers is not easy.

The favorable circumstances: The defendant shows the appearance of reflecting the defendant's mistake.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the circumstances leading to the Defendant to commit the instant crime, circumstances after the commission of the crime, and other various circumstances, including the Defendant’s age, character and conduct, environment, and family relationship, which are the conditions for sentencing as shown in the instant

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