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(영문) 서울남부지방법원 2019.09.18 2019고단3560
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 19, 2019, around 21:30 on June 21, 2019, the Defendant: (a) sent to the site after receiving a report on domestic violence-related 112 under the Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government BGC C, and committed assault by the Defendant, such as: (b) taking a bath to arrest the Defendant in the act of committing an act of assaulting, “Before he die in accordance with the principle of value of tax withholding, he shall be in accordance with the principle of tax withholding and taxation; and (c) taking the body of the said E in good hand, and taking the outside part of the said E, removing the total house.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as photograph of destruction;

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: Imprisonment with prison labor for eight months, suspension of execution for two years, and community service order crime of this case is deemed to be poor in light of the method and method of crime, degree of interference with execution of duties, etc. by the defendant's use of violence against police officers who perform official duties in prison under the influence of alcohol.

The defendant has a record of being subject to criminal punishment several times for violent crimes, including the same crime.

However, there is no record of criminal punishment exceeding a fine for about 20 years, the defendant's death with a serious apology to a victimized police officer, and the police officer is seeking the defendant's seat against the defendant.

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