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(영문) 서울남부지방법원 2019.04.26 2019고단261
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

Punishment of the crime

On January 5, 2019, at around 23:00, the Defendant assaulted the police officer of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station D Zone D District Police Station, who called upon receiving a report on 112 that “the Defendant is drinking, drinking, drinking, throwing things, and taking a bath” before the building B of Gangseo-gu Seoul Metropolitan Government, and sought confirmation of the instant situation by the police officer E, who was called out. As a defect, the Defendant committed the said E’s breast part once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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. 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. Circumstances favorable to the determination of sentence: The sentence shall be determined as ordered by taking full account of various circumstances, such as the defendant's age, character and conduct, environment, motive and means of crime and consequence, and the circumstances after the crime, etc., which are the sentencing conditions appearing in the records and arguments of this case, such as the fact that the criminal was recognized and reflected, and that there is no criminal record and no criminal record exceeding the suspension of execution:

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