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(영문) 서울남부지방법원 2019.08.12 2019고단3424
공무집행방해
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Seoul Southern District Court, and on June 26, 2019, the Defendant completed the execution of the sentence by the two prisons of the Northbukbuk Branch.

【Criminal Facts】

On July 1, 2019, at the first place of the Yeongdeungpo Police Station located in the Yeongdeungpo-gu Seoul National Assembly, the Defendant asked C of the above auxiliary police station B, who had been working in the above police station B, to “Irish the head of the situation office.” However, C did not resolve the day to be seen in the Central District, and it did not solve the day that C went to the economy again. If I want to go to the Yeongdeungpo Police Station, I would like to report it as defamation, or if I would report it to NA, I would like to report it to NA, and I would like to report it to NA's face at one time, and C would have to report it to C's face by telephone, and I would not report it to C's employee's behavior to C'.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of auxiliary police stations.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Written statements of D;

1. A report of investigation (the hours involved in the crime and the time of arrest);

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommendations according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties [Class 1] / coercion of official duties (special sentencing person]: The area of aggravation of repeated crimes of the same kind [the area of recommendations and the scope of recommendations], one-year imprisonment and four years;

2. Determination of sentence;

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