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(영문) 서울서부지방법원 2019.11.27 2019고단3475
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

While the Defendant was under the influence of alcohol and was in a taxi but did not have a residence due to the sleep, the Defendant received 112 report from the taxi engineer, and confirmed the residence due to C’s measure, which is a police officer belonging to the Eunpyeong Police Station B District, who was dispatched to the site, and moved the residence to the front of the residence, and was broken off in the lock. The police officer completed the above measures.

Since then, the Defendant directly reported 112 to the effect that his strings were cut off, and prevented the Defendant from putting and leaving the said taxi, and the same police officer called again to the scene.

Accordingly, the defendant, while under the influence of alcohol, said police officer did not cut off the string, and the above police officer tried to return the taxi driver first, explain the defendant's argument, and accept it on the spot, after checking the problem such as taxi charges.

On September 24, 2019, the Defendant: (a) around 02:00, at the front of Eunpyeong-gu Seoul Metropolitan Government D on September 24, 2019, string the string of the above police officer’s face, she was cut.

Accordingly, the Defendant assaulted police officers as above and interfered with legitimate performance of official duties concerning 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the provisions of Acts and subordinate statutes to photographs, such as a household room and adjacent part of the suspect;

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 recommendations according to the sentencing guidelines [decision of types] of obstruction of the performance of official duties [No person 1]/ coercion of official duties [no person ]. The basic area of recommendation and recommendation [the scope of recommendation field and recommendation range], and imprisonment.

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