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(영문) 서울동부지방법원 2019.06.03 2018고단3528
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 September 8, 2018, the Defendant expressed a bath to the staff of the ticket office in front of the ticket office in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) on September 22 and 24, 2018, and tried to display the face of D with the face of D by his hand, who was dispatched after receiving a report from 112 that “the subject is interfering with his duties.”

As above, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made to D by the police;

1. E statements;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act during the suspended execution, the defendant and his defense counsel asserted that the defendant set up against the illegal arrest of the police officer. However, since the police officer attempted to arrest the defendant before the obstruction of performance of official duties of the

Reasons for sentencing

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] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the recommended punishment] There is no person [the person who is a special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months [the person who is a general person] [the grounds for suspension of execution] - The grounds for suspension of execution of general pride: There is no criminal

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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