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(영문) 서울서부지방법원 2019.10.02 2019고단2917
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

At around 14:56 on July 27, 2019, the Defendant parked “on the front side of Eunpyeong-gu Seoul Metropolitan Government,” which was reported by 112, the fronter (the Defendant) was unable to affix a photograph and take it over.” At the site, the Defendant continued to go home from D and E, a police officer belonging to the Seoul Bupyeong Police Station C District, to go home, and continued to move the cell phone used to the road edge by the above police officers for the purpose of preventing danger in the situation of interfering with the passage of other vehicles while leaving the road on the road.

Accordingly, the Defendant assaulted police officers as above and interfered with the handling of 112 reports, the protection of the lives and bodies of the people, and the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. The application of the Act and subordinate statutes to black boxes and CCTV video CDs (the fact that the cell phone cited by the Defendant according to the above evidence was directed towards police officers D, the fact that the police officer’s chest was pushed towards police officers, and the fact that police officers’ chest was pushed towards police officers E is recognized)

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. 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. The fact that a police officer in the course of performing his duties in the decision of sentence is assaulted, and the nature of the crime is not weak: Provided, That in considering the defendant's act in light of the defendant's act, the degree of assault is not very serious, and the age, character, career, experience of the defendant.

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