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(영문) 서울서부지방법원 2020.01.09 2019고단3664
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 11, 2019, at around 22:55, the Defendant received a 112 report from the beer warehouse located in Eunpyeong-gu Seoul Metropolitan Government, stating that “Any person gets home and interfered with his business,” and proposed to return home from E who belongs to the police officer belonging to the Seoul Western Police Station C District of the Seoul Western Police Station, including D, the security guards belonging to the District. He must do so. He must do so. He must do so. He must do so. The Defendant Habbbbbbs Da one time, while taking the desire to “the Habbbbbbs son.” The Defendant Habbbbbbs Dok was cut back, and the Habs Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. 112 Notification to the 112-report department, work place;

1. Application of Acts and subordinate statutes to photographs of victims' legs;

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of Punishment] There is no category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of duties) (the scope of recommendations and recommendations), basic area (the scope of recommendations and recommendations), six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspension of execution [fluencies] that the degree of obstruction of performance of official duties is not easy [fluoring circumstances], one’s mistake is divided, and not re-offending, and as a result, no one has the same power and has been punished since 202.

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