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(영문) 서울서부지방법원 2019.08.21 2019고단2234
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

On May 16, 2019, at around 22:30, the Defendant discovered that the report 112 was received on the front side of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the vehicle is on the road”) and that D in the region belonging to the Seoul Western Police Station C District, which called the site was dispatched from the Defendant’s head, and requested the 119 emergency squad to move the hospital, but the Defendant refused the transfer of the hospital and caused personal information, etc. for protective measures, the Defendant took a bath to the said D, taken the cell phone owned by the Defendant on several occasions, laid the cell phone on the floor, laid the cell phone owned by the Defendant on the right side, putting the head of D at one time with the right drinking.

Accordingly, the Defendant assaulted a police officer as above and interfered with the police officer’s handling of 112 reported cases and legitimate execution of duties concerning the protection of people’s lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of D and E;

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 process of performing a decision-making on a sentence of punishment assaults a police officer who is performing official duties and the nature of the crime is not good, the punishment for violent crimes is four times, and the defendant appears to have committed the crime in this case, and the defendant appears to have committed any contingent crime under the influence of alcohol, and all other circumstances constituting the sentencing conditions specified in the arguments in this case, including the defendant’s age, character and conduct, career, motive for the crime, and circumstances after the crime.

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